Highview Analytics Terms of Service
- ACCEPTANCE OF TERMS
ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE.
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
OWNERSHIP AND PERMITTED USES The site, and all content and other elements available on or through the site, are the property of Highview Analytics and/or its content providers, and are protected by the laws of the United States and other countries, including their copyright and trademark laws. Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Highview Analytics.
ADVERTISEMENTS, THIRD PARTY POSTS, AND LINKS The messages and other posts by third parties that may appear on the site express the views of their authors, who are wholly responsible for that content. They do not represent our opinions.
We may display advertisements and promotions from third parties on the site. Also, the site and/or site materials may contain links to third party sites or resources. Your contacts and interactions with these third parties and your participation in these promotions are solely between you and the third party, and we are not responsible or liable for any loss or damage to you that may result.
We don’t endorse these third party sites or resources, and are not responsible for their availability.
TRADEMARK INFORMATION Highview Analytics, the Highview Analytics Logo, and other marks and logos associated with Highview Analytics products and services (“Highview Analytics Marks”) appearing on the site are trademarks, trade names and service marks owned by Highview Analytics. You agree not to use any Highview Analytics Marks without the prior written consent of Highview Analytics. You agree not to incorporate any Highview Analytics Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. You may not remove or alter any Highview Analytics Marks, or co-brand your own services or material with any of the Highview Analytics Marks.
COPYRIGHT INFRINGEMENT NOTICES
Highview Analytics respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on a Highview Analytics site in a way that constitutes copyright infringement, please send a written notice to our Copyright Agent that includes:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located, such as the URL where it is posted; Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
BY MAIL: Highview Analytics, inc 185 Highview Lane, Seguin, TX 78155 Attention: Legal Services Dept.
BY EMAIL: mgodeck@Highview Analyticspress.com
Please note: In order to be effective, your notice must be in writing. This contact information is provided under notice requirements of the Digital Millennium Copyright Act and is solely for reporting copyright infringement.
INDEMNITY You agree to indemnify and hold Highview Analytics and its officers, directors, members, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your: (i) violation of this TOS, including any Supplemental Terms, and/or (ii) violation of applicable law or your violation of any rights of any third party based on or related to your use of the site and/or any site materials.
MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS Highview Analytics reserves the right at any time to modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. Highview Analytics will not be liable to you or any third-party for any modification, suspension, or termination of the site or the site materials. Highview Analytics may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. The current version of this TOS will always be available on this page. It is your responsibility to review this TOS from time-to-time in order to be informed of TOS modifications.
ASSUMPTION OF RISK AND WARRANTY DISCLAIMER You agree to assume all risk in accessing and using the site or any site materials, and with respect to any activity or project that you undertake based on or utilizing the site or any site materials. You must take precautions (e.g., virus scans, etc.) to ensure that any content you access is free of viruses, worms or other potentially destructive elements. Highview Analytics provides no assurances that the site or any site materials is or will be free of viruses, problems, or errors, nor assurances that any such issues will be resolved.
YOUR USE OF THE SITE AND/OR ANY SITE MATERIALS IS AT YOUR SOLE RISK. THE SITE AND ALL SITE MATERIALS, CONTENT, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. Highview Analytics DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Highview Analytics MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED BY OR MADE ACCESSIBLE BY MEANS OF THE SITE OR ANY SITE MATERIALS.
Highview Analytics MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS OR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SITE MATERIALS, PRODUCTS, OR SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF THE SITE OR ANY SITE MATERIALS, PRODUCTS, OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE, SITE MATERIALS, PRODUCTS, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM Highview Analytics, WHETHER OBTAINED THROUGH THE SITE, SITE MATERIALS, PRODUCTS, SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE AND/OR SITE MATERIALS, PRODUCTS, OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
- LIABILITY LIMITATION TO THE FULL EXTENT PERMITTED BY LAW, Highview Analytics IS NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SITE MATERIALS, PRODUCTS, OR SERVICES, EVEN IF Highview Analytics HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) TOOLS, FEATURES, CONTENT OR INFORMATION YOU MAY ACCESS, USE, MODIFY, OR RELY UPON.
IF THE RELEVANT JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
- GENERAL PROVISIONS This TOS constitutes the final, complete and exclusive agreement between you and us relating to the subject matter that it covers, and it supersedes all prior versions. You also may be subject to additional terms and conditions that may apply when you use of Highview Analytics products or services, or those of any third party. If a Supplemental Term conflicts with this TOS, the Supplemental Term will prevail.
Texas law and controlling U.S. federal law govern this TOS, any action related to this TOS, and/or your use of the site. No choice of law rules of any jurisdiction will apply to any dispute under this TOS. You and Highview Analytics agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Guadalupe, Texas, U.S.A.
No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.
You expressly understand and agree that any dispute, claim or controversy between you and Highview Analytics arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.
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