1. Use of HighPoint Content – You acknowledge that the content (the “Content”) displayed or available on the HighPoint Global, LLC (“HighPoint”) website (the “Site”) contains information and other material that are protected by copyright, trademark or other proprietary rights of HighPoint or other third-party content providers. By using the Site you agree to comply with any and all restrictions applicable to the Content. No Content from this Site may be copied, republished, uploaded or otherwise distributed. You may not sublicense, transfer or otherwise make available any Content to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location. You may not alter or modify the Content in any way.
2. Termination of Access to HighPoint Content – HighPoint reserves the right, at its discretion, to suspend or terminate your access to all or any part of the Content at any time for any reason without prior notice or liability. HighPoint may change, suspend or discontinue all or any aspect of the Content, including the availability, without prior notice or liability.
3. Disclaimer of Warranties – Neither HighPoint nor its licensors or suppliers warrants that the Site will be uninterrupted or error free. The availability of the Content depends on many factors, including HighPoint’s connection to the Internet, a customer’s connection to the Internet, the availability of the Internet and the Internet backbone, and equipment that, by its nature, is not fault tolerant. HighPoint makes no guarantee of access to or accuracy of the Content.
You understand that HighPoint cannot and does not guarantee or warrant the Content available on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to HighPoint’s Site for any reconstruction of any lost data. HIGHPOINT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HIGHPOINT NOR ANY PERSON ASSOCIATED WITH HIGHPOINT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER HIGHPOINT NOR ANYONE ASSOCIATED WITH HIGHPOINT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT HIGHPOINT’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HIGHPOINT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. Limitation of Liability – IN NO EVENT WILL HIGHPOINT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND FURTHER INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree that the foregoing limitation of liability represents a reasonable allocation of risk. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not affect any liability which cannot be excluded or limited under applicable law.
6. Limitations on Linking and Social Media Features – You are free to establish a hypertext link to HighPoint’s Site, provided you do so in a way that is fair and legal and does not damage HighPoint’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, sponsorship or endorsement on HighPoint’s part without HighPoint’s express written consent.
The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain Content on this Site.
- Send e-mails or other communications with certain Content, or links to certain Content, on this Site.
- Cause limited portions of Content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by HighPoint and solely with respect to the Content that is displayed on the Site. Subject to the foregoing, you must not:
– Establish a link from any website that is not owned by you.
– Cause this Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with HighPoint in causing any unauthorized framing or linking immediately to cease. HighPoint reserves the right to withdraw linking permission without notice.
HighPoint may disable all or any social media features and any links at any time without notice in HighPoint’s discretion.
Last Updated: 10/6/201