1. Applicability. These terms of sale (“Terms”) are the only terms that govern training programs (“Training Programs”) provided by HighPoint Global, LLC (“HighPoint”) when purchased through the HighPoint website to online buyers (each, a “Customer”).
The accompanying order confirmation (the “Order Confirmation“) and these Terms (collectively, the “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern, unless the Order Confirmation expressly states that the terms of the Order Confirmation shall control.
2. Services and Performance Date. HighPoint shall provide the Training Program to Customer as described in the Order Confirmation and/or in HighPoint’s website description in accordance with these Terms. HighPoint shall use reasonable efforts to meet any performance dates specified in the Order Confirmation and/or in HighPoint’s website description.
3. Payment Terms. In consideration of the provision of the Training Program by HighPoint and the rights granted to Customer under this Agreement, Customer shall pay all amounts due to HighPoint at the time of purchase. Customer shall make all payments hereunder in U.S. dollars by credit card, debit card, or PayPal, using the online payment system provided on HighPoint’s website.
4. Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder.
5. Cancellation Policy. In order to receive a full refund from HighPoint, you must cancel at least 15 days before the scheduled training day. Please note that refunds may take up to 30 days to process. If you wish to cancel a training program you purchased through HighPoint’s website, simply contact HighPoint at 1-703-935-5000 or CX@highpointglobal.com.
6. Intellectual Property. All intellectual property rights, including copyrights, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of HighPoint in the course of performing the Training Program(collectively, “Intellectual Property”), shall be owned by HighPoint. No Intellectual Property shared by HighPoint may be copied, republished, uploaded or otherwise distributed in any way. Customer may not sublicense, transfer or otherwise make available any Intellectual Property to any third party for commercial purposes or financial gain or use it in any other media or in any other location. You may not alter or modify the Intellectual Property in any way.
7. Disclaimer of Warranties. HIGHPOINT MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE TRAINING PROGRAM, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
8. Limitation of Liability.
IN NO EVENT SHALL HIGHPOINT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HIGHPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL HIGHPOINT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO HIGHPOINT PURSUANT TO THIS AGREEMENT.
9. Force Majeure. HighPoint shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of HighPoint, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Third-Party Payment Processor Terms and Conditions. HighPoint may utilize a third-party payment processing vendor. In the event a Customer utilizes these payment processing services, they may be subject to the third-party’s payment terms and conditions in addition to these Terms.
13. Severability and Survival. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Provisions of these Terms, which by their nature should apply beyond the termination of this Agreement, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Intellectual Property, Jurisdiction and Integration, and Survival.
Last Updated: 10/6/2015