1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Anqing Zincen E-commerce Co., Ltd., doing business as HillStop. By accessing or using our website located at https://www.hillstop.lol, or by engaging our computer systems design, integration, and consulting services, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms you and your shall refer to such entity. If you do not have such authority, or if you do not agree with any provision of these Terms, you must not accept these Terms and may not access or use our website or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised Terms.
2. Description of Services
HillStop provides professional services in the field of computer systems design and related services, including but not limited to distributed systems architecture, cloud infrastructure engineering, data platform engineering, security architecture design, DevOps transformation consulting, legacy system modernization, and technical advisory services. The specific scope, deliverables, timeline, and fees for any engagement shall be set forth in a separate written statement of work or service agreement executed by both parties.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. Any statement of work in effect at the time of such modification shall be honored according to its terms, or the parties shall negotiate in good faith an equitable adjustment.
Our services are intended for business and professional use. We do not provide consumer services, and our website and services are not designed or intended for personal, family, or household purposes. By using our services, you confirm that you are acting in a professional or business capacity.
3. Use of the Website
You agree to use our website only for lawful purposes and in accordance with these Terms. You shall not use our website in any way that violates any applicable federal, state, local, or international law or regulation; to transmit or procure the sending of any advertising or promotional material without our prior written consent; to impersonate or attempt to impersonate HillStop, a HillStop employee, another user, or any other person or entity; or to engage in any other conduct that restricts or inhibits anyones use or enjoyment of the website, or which may harm HillStop or users of the website.
You are responsible for making all arrangements necessary for you to have access to the website and for ensuring that all persons who access the website through your internet connection are aware of these Terms and comply with them. We reserve the right to withdraw or amend the website and any service or material we provide on 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 or for any period.
4. Intellectual Property Rights
4.1 Our Intellectual Property
The website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Anqing Zincen E-commerce Co., Ltd., its licensors, or other providers of such material and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name HillStop and all related names, logos, product and service names, designs, and slogans are trademarks of Anqing Zincen E-commerce Co., Ltd. or its affiliates.
You may view, download, and print pages from the website for your own personal and non-commercial use, subject to the restrictions set out below and elsewhere in these Terms. You must not republish material from this website including republication on another website, sell, rent, or sub-license material from the website, reproduce, duplicate, copy, or otherwise exploit material on our website for a commercial purpose, or edit or otherwise modify any material on the website without our prior written consent.
4.2 Work Product and Deliverables
Unless otherwise expressly agreed in a written statement of work, all deliverables, work product, documentation, software code, architecture designs, technical specifications, and other materials created by HillStop in the course of performing services shall be the exclusive property of HillStop upon creation. Upon full payment of all fees due under the applicable statement of work, HillStop grants the client a perpetual, irrevocable, non-exclusive, non-transferable license to use such deliverables for the internal business purposes of the client.
4.3 Third-Party Intellectual Property
Our services may utilize third-party software, libraries, frameworks, and tools that are subject to their own license terms. We respect the intellectual property rights of others and expect our clients and website users to do the same. If you believe that any content on our website infringes your intellectual property rights, please contact us at info@hillstop.lol with a detailed description of the alleged infringement.
5. Confidentiality
In the course of our engagement, each party may disclose to the other certain confidential and proprietary information. Confidential Information means any non-public information disclosed by one party to the other, whether orally, in writing, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, business plans, technical data, trade secrets, know-how, client lists, financial information, source code, architecture documentation, and security assessments.
Each party agrees to protect the confidentiality of the other partys Confidential Information using the same degree of care that it uses to protect its own confidential information of like nature, but in no event less than reasonable care. Neither party shall disclose the other partys Confidential Information to any third party without the prior written consent of the disclosing party, except to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein. These obligations shall survive the termination of any agreement between the parties for a period of five years.
6. Disclaimer of Warranties
THE WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, INFORMATION, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY HILLSTOP ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE SPECIFIED IN A SEPARATE WRITTEN AGREEMENT. HILLSTOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HILLSTOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HILLSTOP DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ANY RELIANCE YOU PLACE ON THE WEBSITE OR SERVICES IS STRICTLY AT YOUR OWN RISK.
FOR PROFESSIONAL SERVICES ENGAGEMENTS GOVERNED BY A SEPARATE STATEMENT OF WORK, THE WARRANTY TERMS SET FORTH IN SUCH STATEMENT OF WORK SHALL SUPERSEDE THE GENERAL DISCLAIMERS IN THIS SECTION WITH RESPECT TO THOSE SPECIFIC SERVICES. HILLSTOP WARRANTS THAT SERVICES PERFORMED UNDER A STATEMENT OF WORK WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER CONSISTENT WITH INDUSTRY STANDARDS.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HILLSTOP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF HILLSTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HILLSTOPS TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO HILLSTOP DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
The limitations and exclusions in this section apply to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
8. Indemnification
You agree to defend, indemnify, and hold harmless HillStop, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorneys fees) arising from your use of and access to the website and services; your violation of any term of these Terms; your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right; or any claim that your use of the services caused damage to a third party.
This indemnification obligation will survive the termination or expiration of these Terms and your use of the website and services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
9. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation within 30 days, either party may submit the dispute to binding arbitration administered by a recognized arbitration institution in Shanghai, China, in accordance with its arbitration rules. The arbitration shall be conducted in the English language, and the arbitral award shall be final and binding on both parties.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the infringement, misappropriation, or violation of its intellectual property rights or confidential information. For purposes of such equitable relief, the parties consent to the exclusive jurisdiction of the courts located in Anqing, Anhui Province, China.
10. Termination
We may terminate or suspend your access to the website and services immediately, without prior notice or liability, if you breach any provision of these Terms. Upon termination, your right to use the website and services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
For professional services engagements, termination procedures shall be as specified in the applicable statement of work or service agreement. In the absence of specific termination provisions, either party may terminate an engagement upon 30 days written notice to the other party. Upon termination, the client shall pay HillStop for all services performed through the effective date of termination on a pro rata basis, plus any non-cancellable expenses incurred by HillStop in connection with the engagement.
11. General Provisions
11.1 Entire Agreement
These Terms, together with our Privacy Policy and any applicable statement of work or service agreement, constitute the entire agreement between you and HillStop regarding the use of the website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
11.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties intention as closely as possible while remaining enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
11.3 Waiver
No waiver by HillStop of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of HillStop to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
11.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. HillStop may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
11.5 Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
11.6 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and HillStop. Both parties are independent contractors, and neither party has any authority to bind or commit the other party in any way.
11.7 Notices
All notices required or permitted under these Terms shall be in writing and delivered by email (with confirmation of receipt), by certified or registered mail (return receipt requested), or by a nationally recognized overnight courier service. Notices to HillStop shall be sent to info@hillstop.lol or to the physical address set forth in Section 12. Notices to you may be sent to the email address or physical address you have provided to us.
12. Contact Information
If you have any questions about these Terms of Service, please contact us:
HillStop
Anqing Zincen E-commerce Co., Ltd.
Room 102, Building 2, Rongxing Lane
Yicheng Road, Yingjiang District
Anqing 246000, China
Email: info@hillstop.lol
Phone: +1 (661) 688-1435
Website: https://www.hillstop.lol