Terms of Service

1. Hix Services Content

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, "Content") of Hix Services or its licensors ("Hix Services Content"). The Site (including the Hix Services Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Hix Services, Hix Services owns and retains all rights in the Site and the Hix Services Content.

Hix Services hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Hix Services Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site.

Except as expressly permitted by Hix Services in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Hix Services Content.

2. Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Hix Services or other third parties. You are not permitted to use these Marks without the prior written consent of Hix Services or such third party.

3. Third-Party Services

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties ("Third-Party Services"), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services.

When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Hix Services, and you do so at your own risk. Hix Services is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party).

Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Hix Services is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

4. Privacy

Please review Hix Services' Privacy Policy for the Site ("Privacy Policy"), available at privacy.html, to learn about Hix Services' information collection, usage and disclosures practices with respect to information collected by Hix Services through the Site.

5. Compliance with Laws

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site ("Applicable Laws").

Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall:

• Comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010
• Comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions
• Not directly or indirectly export, re-export or otherwise deliver any Hix Services software, content or services in violation of any Export Laws

6. Service Area

Hix Services operates from the South Carolina Upstate region and provides excavation, septic, land clearing, utility installation, and demolition services throughout the SC Upstate, including Anderson, Greenville, Oconee, Abbeville, and Laurens Counties. If you access this website from other locations, you are responsible for compliance with local Applicable Laws. Hix Services makes no representation that the products and services referenced herein are appropriate, or available, outside our service area.

7. Indemnity

You agree to defend, indemnify and hold harmless Hix Services, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms, violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

8. Disclaimers

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY HIX SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

HIX SERVICES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER HIX SERVICES' CONTROL.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL HIX SERVICES, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE
• IN NO EVENT SHALL HIX SERVICES' CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS

THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Responsibility for End Users

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.

These Terms apply to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.

11. Termination and Monitoring

11.1 Termination

If you violate these Terms, Hix Services may suspend or terminate your use of the Site. Hix Services' right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Hix Services believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Hix Services, its customers or third parties.

11.2 Monitoring

Hix Services reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Hix Services has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Hix Services finds to be in violation of these Terms.

Hix Services may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Hix Services also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

12. Electronic Communications

When you visit the Site or send emails to Hix Services, you are communicating with Hix Services electronically; and you consent to receive communications from Hix Services electronically. Hix Services will communicate with you by email or by posting notices on the Site.

You agree that all agreements, notices, disclosures and other communications that Hix Services provides to you electronically satisfy any legal requirement that such communications be in writing.

13. Modifications

Hix Services may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

14. Governing Law

This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of South Carolina, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Anderson County, State of South Carolina, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.

15. Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms.

In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect.

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Hix Services.

You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Hix Services' express prior written consent. Hix Services may assign, transfer or sublicense all or any of Hix Services' rights or obligations under these Terms without restriction.

The failure of Hix Services to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Hix Services of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision.

If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that 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.

Hix Services will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

16. SMS Terms and Conditions

By opting in to receive SMS messages from Hix Services, you agree to the following terms and conditions:

Message Frequency

Message frequency varies depending on your interaction with our services. You may receive appointment reminders, project updates, service notifications, and occasional promotional messages if you have opted in to marketing communications.

Message and Data Rates

Standard message and data rates may apply based on your mobile carrier's plan. Hix Services does not charge for text messages, but your carrier's standard messaging rates will apply.

Supported Carriers

We support all major U.S. wireless carriers. Message services are available for SMS-capable handsets.

Types of Messages

You may receive the following types of SMS messages from Hix Services:

• Appointment confirmations and reminders
• Project updates and service notifications
• Quote confirmations and follow-ups
• Customer satisfaction surveys and feedback requests
• Promotional offers and special announcements (only if you opt in to marketing messages)

Opt-Out Instructions

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. You will receive a confirmation message that you have been unsubscribed. After opting out, you will no longer receive SMS messages from Hix Services unless you re-subscribe by opting in again through our website or other means.

Help and Support

For help or support with SMS messages, reply HELP to any message or contact us at (866) 477-8149.

Customer Support

For customer support or questions about SMS communications, call (866) 477-8149.

No Mobile Information Sharing

We will not share your mobile phone number with third parties for their marketing purposes without your express consent. Your phone number will only be used by Hix Services to communicate with you as described in these terms.

Privacy

Your privacy is important to us. Information collected through SMS will be handled in accordance with our Privacy Policy available at privacy.html. We collect and use your mobile phone number solely for the purpose of sending you the SMS messages you have consented to receive.

Consent Not Required for Purchase

You do not have to agree to receive SMS messages as a condition of purchasing any goods or services from Hix Services. SMS opt-in is completely voluntary and optional.

Disclaimer and Limitations

Hix Services reserves the right to suspend or terminate SMS services at any time without prior notice. We are not liable for delays or failures in message delivery due to carrier issues, network problems, or other circumstances beyond our reasonable control. Message delivery is subject to carrier limitations and may be affected by factors including network congestion, recipient device capabilities, and other technical issues.

Changes to SMS Terms

We may update these SMS Terms and Conditions from time to time. Any changes will be posted on this page with an updated revision date. Your continued participation in our SMS program after changes are posted constitutes your acceptance of the updated terms.

17. Contact Information

Please contact Hix Services at (866) 477-8149 with any questions regarding these Terms.

Hix Services
South Carolina Upstate
Phone: (866) 477-8149