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HOLT – TERMS AND CONDITIONS OF USE
Effective Date: 11.25.2025
THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HOLT (“HOLT,” “we,” “us,” or “our”). BY ACCESSING OR USING ANY AREA OF OUR WEBSITE, ANY RELATED DOMAIN, OR ANY ONLINE EXPERIENCE THAT LINKS TO THESE TERMS (COLLECTIVELY, THE “Site”), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST NOT USE OR ACCESS THE SITE.
THESE TERMS OF USE INCLUDE IMPORTANT PROVISIONS CONCERNING MANDATORY INDIVIDUAL ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER FOR MOST DISPUTES. THEY ALSO INCORPORATE, BY REFERENCE, HOLT’S TERMS OF SALE, RETURN & EXCHANGE POLICY, PRIVACY POLICY, AND COOKIES POLICY.
YOUR CONTINUED ACCESS OR USE OF THE SITE AFTER WE POST ANY CHANGES TO THESE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
BY ACCESSING OR USING THE SITE, YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
1. ACCESSING AND USING OUR SITE
HOLT reserves the right, in its sole discretion and without notice, to modify, update, suspend, or withdraw the Site, and any service, feature, or content provided on or through the Site, at any time. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
If you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. Any account you create is personal to you, and you agree not to provide any other person with access to the Site or portions of it using your username, password, or other security credentials. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You are responsible for all activities that occur under your account.
We reserve the right to disable any username, password, or other identifier at any time, with or without notice, and for any reason, including if, in our opinion, you have violated any provision of these Terms of Use or pose a risk to HOLT, the Site, or other users.
The Site is provided for personal, non-commercial use only. You may not use the Site in connection with any business, resale, or commercial purpose, except as explicitly authorized in writing by HOLT.
2. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
The Site and all of its contents, features, and functionality—including but not limited to text, images, photographs, product designs, logos, graphics, icons, video, audio, software, code, and the overall design and arrangement (collectively, “Content”)—are owned by HOLT, its licensors, or other third-party rights holders and are protected by copyright, trademark, and other intellectual property and proprietary rights laws.
Subject to your compliance with these Terms of Use and all applicable laws, HOLT grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and its Content solely for your personal, non-commercial use. This license does not include any right to:
Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any Content or any part of the Site;
Use any data mining, robots, or similar data-gathering or extraction methods;
Download (other than page caching) any portion of the Site or Content, except as expressly permitted by HOLT.
If you print, copy, download, modify, or otherwise use or provide any other person with access to any part of the Site in violation of these Terms of Use, your right to use the Site will immediately cease and you must, at our option, return or destroy any copies of the materials you have made.
No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by HOLT and its licensors or other rights holders. Any use of the Site or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You may not use the HOLT name, logo, trademarks, trade dress, product names, or any related names, logos, designs, or slogans without our prior written permission.
3. USER CONTENT
The Site may, now or in the future, offer features that allow you to submit, upload, post, display, or transmit content, including but not limited to images, reviews, comments, suggestions, and other materials (collectively, “User Content”).
You must not submit any User Content that infringes or violates any rights of any party, violates any law, or breaches these Terms of Use. By providing User Content on or through the Site, you grant HOLT a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such User Content, in whole or in part, in any media now known or later developed, for any lawful purpose, including marketing, promotion, and internal business use.
You represent and warrant that:
You own or control all rights in and to the User Content and have the right to grant the license described above; and
All of your User Content does and will comply with these Terms of Use and all applicable laws.
You understand and agree that you, not HOLT, are fully responsible for any User Content you submit, including its legality, reliability, accuracy, and appropriateness. HOLT assumes no responsibility or liability for any User Content.
We reserve the right, but not the obligation, to monitor, edit, refuse, or remove any User Content for any reason or no reason, in our sole discretion.
4. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation;
For the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use;
To transmit or procure the sending of any unauthorized advertising, promotional materials, spam, or other solicitations;
To impersonate or attempt to impersonate HOLT, a HOLT employee, another user, or any other person or entity;
To misrepresent your identity or affiliation with any person or entity;
To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by HOLT, may harm HOLT or users of the Site, or expose them to liability;
To upload, transmit, post, or send any unlawful, threatening, defamatory, obscene, deceptive, fraudulent, tortious, offensive, pornographic, inflammatory, profane, infringing, or otherwise objectionable material, including material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability.
Additionally, you agree not to:
Use any robot, spider, scraper, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material on the Site;
Use any device, software, or routine that interferes with the proper working of the Site;
Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site;
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices appearing on the Site or on any materials originating from the Site.
HOLT reserves the right to take any action it deems necessary or appropriate, including legal action, for any violation of these Terms of Use.
5. ENFORCEMENT, MONITORING & TERMINATION
We have the right to:
Remove or refuse to post any User Content for any or no reason in our sole discretion;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights (including intellectual property or privacy rights), or as required by law;
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site;
Terminate or suspend your access to all or part of the Site for any or no reason, including any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Site. You waive and hold harmless HOLT from any claims resulting from any action taken by HOLT during, or as a consequence of, investigations by HOLT or law enforcement authorities.
Upon termination of your rights under these Terms of Use, you must cease all use of the Site and any Content. All provisions of these Terms of Use which by their nature should survive termination will survive, including ownership provisions, disclaimers, limitations of liability, and dispute resolution provisions.
6. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless HOLT, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
Your use of or activities in connection with the Site;
Your User Content;
Your violation of these Terms of Use; or
Your violation of any rights of another person or entity.
HOLT reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with HOLT in defending such claims.
7. ONLINE PURCHASES & TERMS OF SALE
Any purchases or transactions for products or services made through the Site are governed by HOLT’s Terms of Sale, which are incorporated herein by reference. By placing an order through the Site, you agree to be bound by the Terms of Sale in addition to these Terms of Use.
If there is a conflict between these Terms of Use and the Terms of Sale regarding a specific transaction, the Terms of Sale will control with respect to that transaction.
8. DISCLAIMER OF WARRANTIES
YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. THE SITE AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOLT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR ANY CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR DATA BACKUP, SECURITY, AND ANTI-VIRUS PROTECTION.
ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HOLT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH:
YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
IN NO EVENT SHALL HOLT’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE SITE, OR ANY CONTENT EXCEED THE GREATER OF:
(1) THE AMOUNT YOU PAID TO HOLT IN CONNECTION WITH THE TRANSACTION GIVING RISE TO THE CLAIM; OR
(2) ONE THOUSAND U.S. DOLLARS (USD $1,000).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. GOVERNING LAW & PRE-ARBITRATION DISPUTE RESOLUTION
These Terms of Use, and any dispute or claim arising out of or related to them, the Site, or any products or services offered through the Site, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
Before initiating arbitration (or any permitted court proceeding), you agree to give HOLT an opportunity to resolve any dispute or claim (“Claim”) by sending a written description of your Claim to the contact email listed below with the subject line: “Terms of Use – Dispute Notice.” You and HOLT agree to negotiate in good faith to resolve the Claim. If the Claim is not resolved within sixty (60) days after HOLT receives your written notice, you may pursue your Claim in arbitration (or, if applicable, in small claims court).
11. ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY WAIVER
Mandatory Individual Arbitration
Except as otherwise provided below, any Claim arising out of or relating to these Terms of Use, the Site, your use of the Site, any products or services purchased through the Site, or your relationship with HOLT (whether arising in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved exclusively by binding individual arbitration, rather than in court, before a neutral arbitrator. You and HOLT agree that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
12. NO WAIVER
No waiver by HOLT of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Any failure by HOLT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
13. MISCELLANEOUS; SEVERABILITY; ENTIRE AGREEMENT
If any provision of these Terms of Use or the Terms of Sale is determined to be invalid, illegal, or unenforceable, such provision shall be deemed severed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
These Terms of Use, together with the Terms of Sale, Privacy Policy, Cookies Policy, and any additional terms and conditions that may apply to specific services or promotions, constitute the entire agreement between you and HOLT with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Site.
We reserve the right to revise or modify the Site, these Terms of Use, the Terms of Sale, products, product information, and pricing at any time without prior notice. Your continued use of the Site following any changes means you accept and agree to the updated terms.
14. CONTACT INFORMATION & COPYRIGHT NOTICES
The Site is operated by:
HOLT
1925 Tigertail Blvd
Dania Beach, FL 33004
United States
For general questions, feedback, technical support, or dispute notices regarding these Terms of Use, you may contact us at: sales@holtmiami.com