Terms of Service
OVERVIEW
This website (the “Website”) is operated by HGCO, Inc., and its affiliates, subsidiaries, and parent companies (hereafter collectively referred to as “we,” “us” and “our”). We offer this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. “Products” shall refer to the result of any design on the Higround Services, or the unit of sale offered to end users through the Services.
By visiting our Website and/or purchasing any Products from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all of these Terms, then you may not access the Website, purchase the Products, or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is currently hosted on Shopify Inc., which provides us with an online e-commerce platform that allows us to sell our Products and Services to you. We may, from time to time, change the company that hosts our store.
SECTION 1 - ONLINE STORE TERMS
By using this Website and agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services identified on such sites.
Information related to Products can be found on the Website in the FAQ section (https://higround.co/pages/faq-v2) and in the Return Policy section (located in the FAQ). Any coupon codes supplied by any vendor may be revoked or modified at any time by us without notification.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying Products or services from the Website for your own personal or household use only, and not for resale or export. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service or Products to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
In accessing our Services, we will never discriminate against users on the basis of race, color, nationality, gender identity, sexual orientation, religious affiliation, veteran status, or any other protected characteristic.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices and/or policies for obtaining our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) or Products without notice at any time. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy (listed in the FAQ).
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of our Products or Product pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Website is void where prohibited.
EXCEPT FOR THE EXPRESS WARRANTY FOR THE QUALIFYING PRODUCTS DURING THE LIMITED PERIOD AS SET FORTH BELOW, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGMENT. BY USING THE PRODUCTS OR SERVICES YOU SPECIFICALLY ACKNOWLEDGE AND WAIVE ANY CLAIM FOR FRUSTRATION OF PURPOSE, MUTUAL MISTAKE, UNILATERAL MISTAKE IMPOSSIBILITY, AND YOU FURTHER ACKNOWLEDGE AND ACCEPT THE PRODUCT WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES EITHER EXPRESS OR IMPLIED OF ANY KIND NATURE OR TYPE WHATSOEVER, TO THE EXTENT PERMITTED BY LAW, SUBJECT TO THE WARRANTY (IF APPLICALBE) SET FORTH HEREIN. YOUR USE OF THE PRODUCT OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Express Warranty. Higround expressly and limitedly warrants that the Products set forth below shall be free from material defects in materials and workmanship (the “Express Warranty”) for the Qualifying Products (defined below). The Express Warranty provide is offered only for the Limited Period (defined below), and SOLELY TO THE EXTENT THE PRODUCTS LISTED BELOW IS DEFECTIVE AS A RESULT OF MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP OF THE QUALIFYING PRODUCT. For the avoidance of doubt, Higround offers no express warranties (including, without limitation, the Express Warranty) for any Products (other than the Qualifying Products during the Limited Period), any Products you receive as a result of a sweepstakes or contest, or for any Products (including Qualifying Products) that are defective for any reason besides manufacturer error, including, without limitation, (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control. The Express Warranty Limited Period shall not be extended or expanded in the event Higround repairs or replaces any Qualifying Product.
Qualifying Products and Limited Periods. The following are Products (identified as (1) and (2) below) to which the Express Warranty applies (“Qualifying Products”) and any duration listed with such Qualifying Product is the time period for which the Express Warranty applies (“Limited Period”):
(1) Keycaps. Higround shall provide the Express Warranty for the keycaps for three (3) months from the order date of the applicable Product; and
(2) Other Keyboard Parts. Higround shall provide the Express Warranty for other keyboard parts for one (1) year from the order date of the applicable Product.
Express Warranty Claims Process. In order to exercise your rights herein and obtain relief under an Express Warranty, you must open a warranty claim by emailing info@higround.co within the Limited Period. Higround will determine if your Product is subject to the Express Warranty, in its sole and absolute discretion. In the event the applicable Product needs to be investigated by Higround to evaluate if qualifies for the Express Warranty, you shall ship the Product to Higround within 3 business days of receipt of request for investigation from Higround. You are responsible for any shipping and/or transportation costs required to ship the Product to Higround for further investigation. You are responsible for the risk of loss for the Product. In the event your Express Warranty claim is accepted, Higround will, in its sole and absolute discretion, either (i) repair and ship the Product back to you; (ii) provide you with a replacement Product; or (iii) refund you for the purchase price of the Product. After the expiration of the Limited Period for the Express Warranty for a particular Product, you are no longer eligible to exercise any rights under the Express Warranty. Higround’s responsibility for and your sole and absolute remedy for defective Qualifying Products subject to the Express Warranty during the Limited Period is limited to the repair, replacement, or refund of said Product, as described herein. Higround has no liability for any other defective Products.
Express Warranty Voided. Notwithstanding anything contained herein, the Express Warranty will be voided if there is evidence that an Express Warranty claim is a result of, in whole or in part, (a) improper storage; (b) improper use; (c) failure to follow the product instructions or to perform any preventive maintenance; (d) modifications; (e) unauthorized repair; (f) normal wear and tear; or (g) external causes such as accidents or abuse. In the event of the foregoing, the Express Warranty is voided and Higround has no further obligation or liability for the Product.
We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Except for the Express Warranty for the Qualifying Products during the limited period as set forth above, to the fullest extent permissible under applicable state law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Further, to the extent permitted by applicable law, we shall not be held liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the Products, even if we have been advised of the possibility of such damages.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We have the option, but not the obligation, to use reasonable means to verify the accuracy of information submitted by you in connection with your use of our Services, as determined by us in our sole discretion.
SECTION 7 - SMS/MMS MOBILE MESSAGING MARKETING
Upon registration on our Website, you may be asked to submit a telephone number and invited to expressly opt-in to our SMS/text marking message program (the “Program”). By submitting a telephone number and opting-in to the Program, you expressly agree to receive SMS marketing messages from us until you revoke your consent. Furthermore, you expressly agree that the Program is governed by the terms and conditions located in Section 8 of these Terms of Service. This Section 7 is limited to the Program, and is not intended to modify the rest of the Terms of Service or the Privacy Notice.
To participate in the Program, you will be required to affirmatively opt-in to the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase(s) from us or use our Services. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system. Messaging and data rates may apply.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Products, check out reminders, and other Services provided by us. By opting into the Program, you agree to receive text messages periodically at our discretion. Message frequency will vary, and mobile messages may be sent periodically based on your interaction with us and the Website.
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service to be eligible to participate in the Program. Not all cellular phone providers carry the necessary service to participate in the Program. Check your phone capabilities for specific text messaging instructions.
You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of the age of majority in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.
Opt-out. In the event you wish to opt-out of the Program and stop receiving SMS/MMS marketing messages from us, you can reply to any such SMS marketing messages with “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to any mobile message from us. You may receive an additional mobile message confirming your decision to opt-out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out. The Program will send SMS terminating messages if your mobile device does not support MMS messaging.
Florida Law. We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida, or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
If you have any questions regarding the Program, you can email info@higround.co.
SECTION 8 – ARBITRATION
In the event that there is a dispute, claim, or controversy between you and us, or between you and any third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to (i) federal or state statutory claims, common law claims or Section 8, (ii) the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of Section 8 to arbitrate, (iii) these Terms of Services, or (iv) your purchase, consumption, or use of the Products or Services, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator. You agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which our principal place of business is located, without regard to its conflict of laws rules. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). You also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. We and you shall each bear our share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. We and you agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
WE AND YOU EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both you and we agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither we, you, nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both you and we, unless to protect or pursue a legal right. If any term or provision of this Section 9 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 9 or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, you and we each hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 - THIRD-PARTY LINKS
Certain content, Products and Services available via our Service may include materials from third-parties or hypertext links leading to websites that are not operated or controlled by us. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for these websites. We have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these Terms. We do not make any representations or warranty examining or evaluating the content or accuracy of materials on any such site and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – SWEEPSTAKES/PRIZES
Sweepstakes, contests, games and other promotions may be run as part of the Services by us, and may require you to provide some information such as full name, zip code, e-mail address, and phone number in order to participate. We may use a reputable third-party, selected by, but not affiliated with us, to manage and administer some or all of its sweepstakes, contests, games and other promotions. This third-party may have access to some or all of the information that you provided in order to participate in the sweepstakes, contests, games or other promotion. Our sweepstakes and/or contests are targeted to individuals 18 years of age and older, and individuals under 18 years of age are not eligible to participate unless specifically permitted by the official rules of the related sweepstakes or contest. Proof of age is required in order for an individual to collect any prizes awarded.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy and lawfulness. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Your privacy rights while using the Website and/or the Services shall be governed by our Privacy Notice.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Website, breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – COPYRIGHT AND INTELLECTUAL PROPERTY
The content of the Service, including without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain are the exclusive property of and owned by us or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as expressly provided in this Section 19, nothing contained on our site shall be interpreted or construed as granting you a license or a right to use any such content of our site.
All of the content made available through the site, including, but not limited to, all text and images (“Content”), and all software used to make the site available are and shall remain our property or property of our licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time we may permit you to download and view one (1) copy of selected Content on the site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms of Service, and solely for so long as you are permitted by us to access and use the Website and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by us, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Service, all or any part of the site, or any Content made available through the site.
Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of ours or others. Your use of any Content, except as provided in these Terms of Service, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. We will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, without regard for conflict of laws principles.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@higround.co.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
Our designated agent for notice of claims of copyright can be contacted at:
HGCO, Inc.
6050 W Jefferson Blvd
Los Angeles, CA 90016