Terms and Conditions
Last Updated: Thursday, November 21, 2024
TABLE OF CONTENTS
INTRODUCTION
TRADEMARKS
THE SERVICE
ELIGIBILITY
LICENSE
SUBSCRIPTION-BASED ACCESS
SUBSCRIPTION AND BILLING
PERSONAL DATA
TERM
ACCOUNT REGISTRATION
PROHIBITED ACTIVITIES
INTELLECTUAL PROPERTY RIGHTS
DMCA NOTIFICATION
EXTERNAL SERVICE PURCHASE AND SUBSCRIPTIONS
THIRD-PARTY SERVICES
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS
TERMINATION
RELEASE
WARRANTY DISCLAIMER
INDEMNIFICATION
LIMITATION OF LIABILITY
GOVERNING LAW AND DISPUTE RESOLUTION
CLASS ACTION WAIVER
MODIFICATION
MISCELLANEOUS
CONTACT
1. INTRODUCTION
Welcome to Hart & Highland, we are a company based in California. These Terms and Conditions regulate the use and access of www.hartandhighland.com media form, media channel, mobile website, and mobile applications related, linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise.
These Terms and Conditions and other Additional Terms (collectively “Terms”) we make available from time to time set out the legal obligations with respect to your interaction and usage of the Platform and Services.
THESE T&CS CONTAIN A COMPULSORY ARBITRATION PROVISION THAT AIMS TO RESOLVE ANY DISPUTES THAT MIGHT ARISE BETWEEN YOU AND US AS A RESULT OF USING OUR PLATFORM. YOU ACKNOWLEDGE AND AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between Hart & Highland LLC (hereinafter referred to as “Hart & Highland”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
TRADEMARKS
You acknowledge and agree that the Platform, the names and logos, and all related products and names, design marks and slogans, and all other material comprising the Platform, are the property of Hart & Highland or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks, and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Hart & Highland. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Hart & Highland or its third-party suppliers, as the case may be.
THE SERVICE
Hart & Highland provides access to a curated stock video subscription service, alongside showcasing its creative portfolio and professional offerings, including photography, videography, design, and marketing services. Subscribers to the stock video service gain access to a library of videos available for download and use under a non-exclusive, limited license as described in more detail in section 5 (“Services”).
ELIGIBILITY
To use our Platform, you must:
4.1.1.Be at least of age the age of majority and not disqualified from entering into contracts under any law;
4.1.2.complete the registration process;
4.1.3.agree to our Terms; and
4.1.4.provide true, complete, and up-to-date legal and contact information
4.1.5.You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
4.1.6.By using Platform, you represent and warrant that you will use Platform only for non-commercial purposes.
4.1.7.By using Platform, you represent and warrant that you meet all the requirements listed above and that you won’t use Platform in a way that violates any laws or regulations. Hart & Highland may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
4.1.8.By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein and, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
LICENSE
Permission is granted to temporarily download a single copy of the materials (including information, videos, or software) from Hart & Highland's website for personal, non-commercial, and transitory viewing purposes only. This grant constitutes a limited, non-exclusive, and revocable license, not a transfer of ownership or title. By accessing or using these materials, you agree to comply with the terms of this license, which prohibit the following actions:
Prohibited Activities
a. Modifying, reproducing, or copying the materials in any form.
b. Using the materials for any commercial purpose, resale, or public display (whether commercial or non-commercial).
c. Attempting to decompile, reverse engineer, or otherwise extract source code from any software or content on Hart & Highland's website.
d. Removing, altering, or obscuring any copyright, trademark, or other proprietary notices contained within the materials.
e. Transferring the materials to another individual or entity, or "mirroring" the materials on any other server or platform.
Termination of License
This license will automatically terminate if you violate any of the above restrictions. Hart & Highland reserves the right to terminate this license at any time, at its sole discretion, without prior notice.
Obligations Upon Termination
Upon termination of this license, whether due to a violation or at Hart & Highland's discretion, you are required to immediately:
a. Cease using and accessing the materials.
b. Destroy any downloaded or retained materials in your possession, whether in electronic, printed or any other format.
By accessing or downloading any materials from Hart & Highland’s website, you acknowledge that you have read, understood, and agree to abide by these license terms.
SUBSCRIPTION-BASED ACCESS
Membership Features: The subscription service is available on a month-to-month basis at a fee mentioned on the Platform as may be amended from time to time, granting users access to the stock video library for personal or commercial use within the scope of the provided license.
Digital License: Subscribers may use the downloaded videos without the requirement of attribution to Hart & Highland. However, subscribers are strictly prohibited from:
6.2.1.Reselling, sublicensing, or redistributing the videos in any format.
6.2.2.Using the videos in any manner that competes with Hart & Highland’s services or offerings.
6.2.3.Using the videos in a way that violates any applicable laws or regulations.
Hart & Highland reserves the right to modify, suspend, or discontinue any aspect of the Services, including the stock video library content, features, and subscription terms, at its sole discretion. Any changes will be communicated to subscribers with reasonable notice where applicable.
SUBSCRIPTION AND BILLING
Payment Terms: By subscribing, users agree to the automatic billing of the monthly subscription fee until cancellation.
Cancellation Policy: Subscribers may cancel at any time before the next billing cycle to avoid charges. Refunds are not offered for partial or unused subscription periods.
PERSONAL DATA
To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information as mentioned in our Privacy Policy (“Personal data”). You agree that your Personal data is collected by us through your consent.
TERM
The Term begins as soon as you access the Platform and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” these Terms.
ACCOUNT REGISTRATION
To access the Platform, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user Account password with anybody or do any such act that promotes unauthorized use of your user Account. You shall take all measures to protect your password, including but not limited to, restricting the use of your personal device.
You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Platform or through a request made on our Platform.
You understand and agree that by creating a user Account, you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.
PROHIBITED ACTIVITIES
As a user of the Platform, you agree not to:
11.1.1.systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
11.1.2.make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user Accounts by automated means or under false pretenses.
11.1.3.use a buying agent or purchasing agent to make purchases on the Platform.
11.1.4.use the Platform for advertising or offering to sell goods and services.
11.1.5.circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content or Content contained therein.
11.1.6.engage in unauthorized framing of or linking to the Platform.
11.1.7.trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords;
11.1.8.make improper use of our support services or submit false reports of abuse or misconduct.
11.1.9.engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11.1.10.interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
11.1.11.attempt to impersonate another user or person or use the username of another user.
11.1.12.sell or otherwise transfer your profile.
11.1.13.use any information obtained from the Platform in order to harass, abuse, or harm another person.
11.1.14.use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavor or commercial enterprise.
11.1.15.attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
11.1.16.harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
11.1.17.delete the copyright or other proprietary rights notice from any Platform Content.
11.1.18.copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
11.1.19.upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
11.1.20.upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
11.1.21.except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
11.1.22.disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
11.1.23.use the Platform in a manner inconsistent with any applicable laws or regulations.
INTELLECTUAL PROPERTY RIGHTS
The Platform contains Intellectual Property of Hart & Highland in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms and Conditions.
You acknowledge and agree that the Platform, the names and logos, and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of Hart & Highland or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks, and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Hart & Highland. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Hart & Highland or its third-party suppliers, as the case may be.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you.
You acknowledge and agree that any comments, ideas, and/or reports provided to us (“Feedback”) shall be the property of Hart & Highland and you hereby irrevocably transfer and assign to Hart & Highland such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 26.
DMCA NOTIFICATION
If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: 2510 Main Street, Suite 209, Santa Monica, CA 90405
Counter-Notice.
If you feel that any of your Content was improperly removed or made unavailable to other users, please contact us via the contact information set forth above.
EXTERNAL SERVICE PURCHASE AND SUBSCRIPTIONS
When making a purchase on the Platform, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Platform from your device.
For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed through Google Play, cancelation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your account immediately at our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law.
If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Hart & Highland as follows: hello@hartandhighland.com.
THIRD-PARTY SERVICES
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, Content may contain links to other websites, services, or resources on the Internet. When you access third-party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS
The Platform and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. Nothing may be downloaded from the Platform or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Platform and applications is at your sole risk. Recognizing the global nature of the internet, you agree to comply with all local rules and laws regarding your use of the Platform and applications, including online conduct and acceptable content.
TERMINATION
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license granted under Section 5, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability, and indemnification.
RELEASE
To the maximum extent permissible by applicable law, you hereby absolutely release Hart & Highland and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
WARRANTY DISCLAIMER
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. HART & HIGHLAND, OUR PARTNERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM. THE MATERIALS APPEARING ON OUR PLATFORM COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. HART & HIGHLAND DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS PLATFORM ARE ACCURATE, COMPLETE, OR CURRENT. HART & HIGHLAND MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS PLATFORM AT ANY TIME WITHOUT NOTICE. HART & HIGHLAND DOES NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE SUCH MATERIALS.
INDEMNIFICATION
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates, and each of our affiliates including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.
LIMITATION OF LIABILITY
THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF OR GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the State of California applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in the State of California with respect to any matter or claim, suit, action, or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration, and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
CLASS ACTION WAIVER
The Parties hereby expressly waive their right to bring or participate in a class action lawsuit. The Parties agree that each may bring claims to the fullest extent legally permissible against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
MODIFICATION
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavor to try and provide notice of modifications to these Terms. However, you also agree that it is your responsibility to make reasonable efforts to be aware of such modifications.
When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.
MISCELLANEOUS
Entire agreement and severability. These Terms are the entire agreement between you and us with regard to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regard to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Relationship of the parties. You and Hart & Highland are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you or any fiduciary duty.
Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic, or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Assignment. You agree that these Terms are personal to you, and are not assignable, transferable, or sublicensable by you. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder without obtaining consent.
Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms. Notices to us shall be sent by email to hello@hartandhighland.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
Interpretation. The headers are provided only to make this Agreement easier to read and understand.
CONTACT
You may get in touch with us through our Platform or the address given below:
By email: hello@hartandhighland.com
By visiting this page on our website
By phone number: 424.291.2356