HINTERLAND GROUP WEBSITE TERMS OF USE

These Terms of Use (the “Terms”) apply to your access to, and use of, the Hinterland Website and the Hinterland Content, as provided by Hinterland Group, LLC, a Florida limited liability company and/or its affiliates (collectively, “Hinterland,” “we,” or “us”).

Please read these Terms carefully. By clicking “Accept”, “I agree”, or a similar checkbox or button referencing these Terms, or by accessing and/or using the Hinterland Website or Hinterland Content, you indicate your acceptance of these Terms. If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the Hinterland Website and the Hinterland Content.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 10 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND HINTERLAND ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON HINTERLAND’S LIABILITY ARE EXPLAINED IN SECTIONS 12 AND 13.

1. General Provisions.

1.1 Definitions.

  • “Hinterland Content” means descriptions, information, and materials (including text, images, graphics, illustrations, formats, logos, designs, icons, photographs, audio clips or downloads, video clips, and written and other materials) that are made available to you through, or in connection with, the Hinterland Website.
  • “Hinterland Website” means the website located at https://hinterlandgroup.com/, all of its subdomains, any mobile renderings of such site, and any of its successor websites.
  • “Intellectual Property Rights” means any and all intellectual property rights, including registered or unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patents, designs, copyrights, moral rights, database rights, trade secrets, trademarks, service marks, trade names, domain name rights, know-how, rights of confidence, or other intellectual property rights, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world from time to time.
  • “Third-Party Materials” means any third-party software, content, websites, products, or services that are made available to you through, linked to, or otherwise referenced on the Hinterland Website.
  • “Your Information” means any (i) information, data, material, or other content that you submit to us through the Hinterland Website (including by submitting a contact form, request, application, or email or posting on any comment section on the website), and (ii) information related to your operation and use of the Hinterland Website that is collected by us, such as analytics and log data (“Usage Information”).

1.2 Modifications to these Terms.

Hinterland may update these Terms at any time by posting the revised Terms on the Hinterland Website or by providing notice using any suitable means. The updated Terms will apply to your use of the Hinterland Website after the date on which Hinterland has posted the updated Terms or otherwise notified you of those changes. By continuing to access or use the Hinterland Website after we post or otherwise notify you of any change, you agree to abide by the updated Terms. The “Last Updated” legend indicates the date on which these Terms were last updated.

2. Permitted Use; Prohibited Conduct.

Subject to these Terms, Hinterland grants you a limited, revocable, and non-exclusive right to access and use the Hinterland Website and the Hinterland Content for informational purposes and to communicate with Hinterland.

You agree that you will not:

  • use the Hinterland Website in a manner that violates any applicable law or regulation;
  • use the Hinterland Website to post, publish, or distribute any information that is false, misleading, defamatory, or that may harm the reputation of any individual or entity;
  • attempt to gain unauthorized access to, interfere with, disrupt, or compromise the security or integrity of the Hinterland Website or any systems or networks connected to it;
  • use any robot, spider, crawler, scraper, or other automated means to access the Hinterland Website for any purpose without Hinterland’s prior written permission;
  • copy, reproduce, modify, publish, transmit, display, perform, distribute, or create derivative works of any Hinterland Content, except as expressly permitted by these Terms;
  • use the Hinterland Website or any Hinterland Content to train, develop, or improve any machine learning or artificial intelligence model, including any large language model;
  • introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
  • use the Hinterland Website to send unsolicited promotions, advertising, or spam.

Any violation of this Section may result in legal action.

3. User Consents.

3.1 Data Use.

You understand and acknowledge that we may collect, store, and use Your Information in connection with your use of the Hinterland Website. We may use Your Information for purposes of providing or improving the Hinterland Website, developing analytics, and for other legitimate business purposes. You hereby consent to such collection, storage, and use of Your Information. For information regarding how we handle personal information, please refer to our privacy notice or policy, made available on the Hinterland Website.

3.2 Electronic Communications.

You agree to receive communications from Hinterland electronically, including via email and messages posted to the Hinterland Website. You agree that any electronic communication from Hinterland satisfies any legal requirements that such communication must be in writing.

4. Your Representations.

You represent and acknowledge that:

  • you have the legal power and authority to agree to these Terms and are at least eighteen (18) years old (or the age of majority in your jurisdiction, if higher), or, if you are under eighteen (18), that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the website. If you are accepting these Terms on behalf of a minor, you represent and warrant that you are the minor’s parent or legal guardian and have the legal authority to bind the minor to these Terms;
  • you will not access or use the Hinterland Website in a manner that violates any applicable law;
  • you are not located in a country that is subject to a U.S. government embargo, has been designated by the U.S. Government as a “terrorist supporting” country, or is listed on any U.S. government list of prohibited or restricted parties;
  • Your Information does not violate, misappropriate, or infringe upon the privacy, publicity, or personal rights of any third party;
  • Your Information does not infringe or misappropriate the intellectual property or other proprietary rights of any third party; and
  • Your Information does not create, or could reasonably be expected to create, legal liability for Hinterland, our affiliates, officers, employees, or agents.

5. Ownership.

5.1 Our Ownership.

As between you and Hinterland, Hinterland owns and retains all right, title, and interest, including all Intellectual Property Rights, in and to (i) the Hinterland Website and any technology or materials used for, or incorporated into, the Hinterland Website, (ii) all Hinterland Content, and in each case any modifications, enhancements, or derivatives thereof, and (iii) your Usage Information. Except as expressly permitted in these Terms, you will not copy, reproduce, modify, publish, or disclose any Hinterland Content or use any branding or logos used in connection with the Hinterland Website without Hinterland’s prior written consent.

5.2 Feedback.

Any feedback you provide to us regarding the Hinterland Website or Hinterland Content will be our sole and exclusive property. You hereby irrevocably assign to us all right, title, and interest in and to such feedback, including any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained therein to us, and agree (i) that we are free to use such feedback, without any attribution or compensation to any party, for any purpose, and (ii) to provide us with any assistance that we may reasonably request to document, perfect, and maintain our rights in the feedback.

6. Third-Party Materials.

The Hinterland Website may contain hyperlinks or references to Third-Party Materials. Hinterland does not control and is not responsible for Third-Party Materials, including the accuracy, currency, availability, or content of any linked sites, products, or services. Your use of Third-Party Materials is at your own risk and may be subject to separate terms and policies of the applicable third party.

7. Availability; International Use.

Although the Hinterland Website may be accessible worldwide, Hinterland is based in the United States, and the Hinterland Website is primarily intended for users located in the United States. We make no representation that materials on the Hinterland Website are appropriate or available for use in locations outside the United States. Those who choose to access the Hinterland Website from other locations do so on their own initiative and are responsible for compliance with local laws.

8. Term and Termination.

These Terms are effective when you first access or use the Hinterland Website and continue until terminated. Hinterland may, at any time, in its sole discretion and without notice, terminate or suspend your access to the Hinterland Website, or any portion of it. Hinterland may also change, restrict, or discontinue any aspect of the Hinterland Website at any time.

9. Disclaimers Regarding Services Information.

The Hinterland Website and the Hinterland Content are provided for informational purposes only. Any descriptions of services, capabilities, project examples, schedules, timelines, or other information on the Hinterland Website are provided “as-is”. Certain content on the Hinterland Website may be generated or assisted by any machine learning or artificial intelligence model, including any large language model. While we strive to ensure accuracy and quality, artificial intelligence-generated content may contain errors, omissions, or inaccuracies. We make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, or suitability of any Hinterland Content made available on the Hinterland Website. Use of any Hinterland Content is at your own risk. Any engagements for purchase or sale of products or services are governed only by a separate written agreement executed by Hinterland and the applicable customer.

10. Disputes, Arbitration, and Governing Law.

10.1 Governing Law.

These Terms and any dispute arising out of or relating to the Hinterland Website or these Terms (“Disputes”) will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

10.2 Informal Dispute Resolution.

Before initiating arbitration, you and Hinterland agree to first provide written notice of the Dispute to the other party and attempt to resolve the Dispute in good faith. Notices of Disputes should be sent in accordance with Section 15 (Notices). If the Dispute is not resolved within thirty (30) days after notice is provided, either party may initiate arbitration as described below.

10.3 Arbitration.

Except as expressly provided in Section 10.5 (Intellectual Property; Injunctive Relief), any Dispute will be resolved through individual, non-representative, binding arbitration conducted in English, instead of a proceeding in courts of general jurisdiction. The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and the Mass Arbitration Procedures of JAMS then in effect (the “JAMS Rules”), as modified by the express provisions of these Terms. A single arbitrator will decide the Dispute. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held in Palm Beach County, Florida. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses, except as otherwise required by the JAMS Rules or applicable law.

10.4 Coordinated Arbitration Filings.

Notwithstanding anything to the contrary in Section 10.3, if twenty-five (25) or more Disputes are initiated with the arbitration provider that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Proceedings.” Hinterland will pay only its share of arbitration fees for Coordinated Proceedings, and claimants will be responsible for their share of those fees as set by the JAMS Rules and JAMS’ fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant notices of arbitration to Hinterland, but demands for arbitration in Coordinated Proceedings shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Hinterland shall not be required to pay any fees associated with cases that these Terms do not allow to be filed. Once all notices of arbitration have been provided to Hinterland for Coordinated Proceedings, claimants’ and Hinterland’s counsel shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with JAMS. Any number chosen as the bellwethers must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Hinterland do not agree on the number of bellwethers, the number shall be chosen by the arbitrator. Once the number of bellwethers is fixed, each side shall select half that number from among the claimants who have provided compliant notices of arbitration, and only those chosen claims may be filed with the arbitrator. You agree that if your case is among Coordinated Proceedings filed against Hinterland, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Proceedings filed against Hinterland. A single arbitrator shall preside over each Coordinated Proceeding chosen for a bellwether proceeding, and only one Coordinated Proceeding may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. Once all bellwether trials have concluded (or sooner if the parties’ respective counsel agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding via a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Proceedings and for Hinterland must agree on a mediator within thirty (30) days after the conclusion of the last bellwether trial. If the parties’ respective counsel cannot agree on a mediator within thirty (30) days, the arbitration provider will appoint a mediator as an administrative matter. If the mediation does not yield a global resolution, claimants in Coordinated Proceedings who provided compliant notices of arbitration but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state or federal courts located in Palm Beach County, Florida, and you consent to venue in such courts exclusively in these courts. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Proceedings who provided compliant notices of arbitration, and Hinterland reserves the right to contest class certification at any stage of litigation and on any available basis. A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

10.5 Intellectual Property; Injunctive Relief.

Notwithstanding Section 10.3, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its Intellectual Property Rights or to prevent unauthorized access to, or misuse of, the Hinterland Website. Seeking such relief will not waive a party’s right to arbitration under these Terms.

10.6 Waiver of Jury Trial and Class Actions.

YOU AND HINTERLAND EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE.

10.7 Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE HINTERLAND WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Confidentiality.

To the extent the Hinterland Website provides access to non-public information (including via any portal or restricted areas, if any), you agree to maintain the confidentiality of such information and not disclose it to any third party without Hinterland’s express consent. This section does not apply to information that is publicly available through no breach by you.

12. No Warranties.

EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE HINTERLAND WEBSITE AND HINTERLAND CONTENT ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE THEM AT YOUR OWN RISK. HINTERLAND DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT. HINTERLAND DOES NOT WARRANT THAT THE HINTERLAND WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.

13. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL HINTERLAND, ITS AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR UNAUTHORIZED DISCLOSURE OF DATA) ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE HINTERLAND WEBSITE OR HINTERLAND CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, HINTERLAND’S MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATING TO THE HINTERLAND WEBSITE OR THESE TERMS WILL NOT EXCEED US $100 (OR SUCH OTHER AMOUNT AS HINTERLAND MAY SPECIFY IN WRITING).

 

CALIFORNIA CIVIL CODE SECTION 1542 WAIVER. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

14. Indemnification.

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Hinterland, its affiliates, licensors, suppliers, and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and costs) arising out of or relating to (i) Your Information, (ii) your use of the Hinterland Website, (iii) your violation of these Terms, or (iv) your violation of any rights of any other person or entity.

15. General Terms.

15.1 Notices.

You may provide notice to us by emailing us at info@hinterlandgroup.com or by writing to us at: ATTN: Legal Department, Hinterland Group, LLC, 2051 West Blue Heron Blvd., Riviera Beach, Florida 33404. Any notice sent by you via email is deemed delivered upon your receipt of an electronic read receipt or delivery receipt, or upon confirmation of receipt from us.

15.2 Severability.

If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provisions (or part thereof) will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of the Terms will remain in full force and effect.

15.3 No Third-Party Beneficiaries; Independence.

No provisions of these Terms create any third-party beneficiary. Neither these Terms nor the Hinterland Website create a partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

15.4 Survivability.

The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Hinterland Website survive termination, including, without limitation, provisions related to indemnification, limitations of liability, and dispute resolution.

15.5 Assignment.

You may not assign these Terms, in whole or in part, without Hinterland’s prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties. Any attempt to assign these Terms in violation of this Section is considered null and void.

15.6 No Waiver; Entire Agreement.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on Hinterland if it is in a written document signed by Hinterland. These Terms (including any incorporated terms) constitute the entire agreement between you and Hinterland regarding your use of the Hinterland Website and Hinterland Content and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

 

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LAST UPDATED: February 19th, 2026