Terms of Use
1. Terms of Use Overview
These Terms of Use are entered into by and between you and High Point Networks, LLC (“we,” “us,” or “High Point Networks”). High Point Networks operates a website located at highpointnetworks.com (“Website”). High Point Networks offers information regarding its business, products, and services, as well as customer and technical assistance portals, via the Website (collectively, and together with any general access and use of the Website, the “Services”). The following terms, together with the Privacy Policy which is incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of the Services.
“You” and similar terms mean you as an individual, as well as the business or entity on whose behalf you are using the Services, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity. Please read these Terms of Use carefully. By either: (i) accessing or using the Services, or (ii) clicking on the “I Agree” or a similar checkbox when prompted, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older and reside in the United States. By using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.
High Point Networks reserves the right to make changes to these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If you are dissatisfied with the Services or these Terms of Use, you agree that your sole and exclusive remedy is to discontinue using the Services.
2. Accessing the Services
Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable right to access and use the Services, solely and strictly in accordance with these Terms of Use. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms of Use.
We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. High Point Networks does not make any representations or guarantees regarding uptime or availability of the Services.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
- Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
You may need to provide certain registration details or other information to access the Services or some of the resources it offers. It is a condition of your use of the Services that all the information you provide in connection with the Services is correct, current, and complete. You agree that all information you provide to submit an order, use the Services, or otherwise is governed by our Privacy Policy, and you hereby expressly consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are responsible for keeping your account credentials secret and secure. If you suspect any unauthorized access or use of your account, you shall immediately change your password and inform High Point Networks of the suspected unauthorized activity. We may change your account credentials, including your username and password, or terminate access to your account with us, at any time, in our sole discretion, including if we suspect any unauthorized or fraudulent activity relating to your account.
3. Appropriate Use
The Services are controlled and operated by High Point Networks from its offices within the United States. High Point Networks makes no representation that the information or materials on or linked through the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
You shall not use the Services for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
In connection with the Services, you must not: (i) transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Services; (iii) use the Services in an unlawful or fraudulent manner, including by at any time misrepresenting your identity or impersonating another person in any way; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services; (v) use any automatic device, process or means to access the Services for any purpose, including monitoring or copying content on the Services; and (vi) otherwise attempt to interfere with the proper working of the Services.
We reserve the right to terminate access to the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
4. Intellectual Property Ownership
You acknowledge that, as between you and High Point Networks, High Point Networks owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party products or works, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products, trademarks, images, and related designs.
High Point Networks names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of High Point Networks. All rights are reserved. You are not authorized to use any High Point Networks name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of High Point Networks. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners.
The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by High Point Networks, are licensed to it, or are used with permission. High Point Networks and its licensors, vendors, or other service providers retain and reserve all proprietary rights to the contents of the Services.
5. Updates
We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
6. Accuracy of the Services
High Point Networks strives for accuracy, to the extent it controls, processes, or displays the Services, in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other service-related information contained herein or referenced in the Services. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other service-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. High Point Networks reserves the right at any time and without notice to update information and to correct or remove errors, inaccuracies, or omissions.
7. Transactions
We may make available the ability to pay for our services using the Services (each payment, a “Transaction”). In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date, routing and/or bank account numbers, or similar payment information, and your billing address. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant High Point Networks the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that High Point Networks is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
8. Customer Content
The Services may allow you to upload, post or share information, text, data, photographs, and other content (collectively, “Customer Content”). In uploading, posting or sharing such Customer Content, you grant High Point Networks and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download Customer Content, and post or forward Customer Content to others, for the purpose of providing you the Services or any other use described in our Privacy Policy. You represent and warrant that:
- You own or control all rights in and to the Customer Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your Customer Content does and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not High Point Networks, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
High Point Networks is not responsible or liable to any third party for the content or accuracy of any Customer Content posted by you or any other user of the Services.
The following content standards apply to any and all Customer Content and use of the Services. Customer Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by High Point Networks or any other person or entity, if this is not the case.
- Contain any information about a person under 18 years of age.
- Criticize High Point Networks, the Services, or the service of any of High Point Networks’ operational partners.
High Point Networks may, in its sole discretion, deny any application to post or display Customer Content. High Point Networks may also change these standards at any time without notice.
9. Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND HIGH POINT NETWORKS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HIGH POINT NETWORKS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HIGH POINT NETWORKS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Services or the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for the circumvention of any privacy settings or security measures contained in the Services or the Website.
10. Limitations of Liability
IN NO EVENT WILL HIGH POINT NETWORKS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER HIGH POINT NETWORKS WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL HIGH POINT NETWORKS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO HIGH POINT NETWORKS UNDER THESE TERMS IN THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.
11. Indemnifications
You agree to defend, indemnify and hold High Point Networks, its parent and affiliate entities, and all of their owners, officers, directors, employees, contractors, operational partners, and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Services and/or your breach of these Terms of Use.
12. Governing Law and Venue
These Terms of Use are governed by and construed in accordance with the internal laws of the State of North Dakota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Dakota, in each case located in Cass County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
13. Third-Party Sites
The Services may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by High Point Networks, but rather are exclusively controlled and operated by third parties (collectively, “Third-Party Sites”). You may be transferred to a Third-Party Site even though it appears that you are still in the Services. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions. High Point Networks is not liable for your use of any Third-Party Site.
14. Miscellaneous
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms of Use is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms of Use will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign your rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and High Point Networks regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
15. Contact Information
If you have questions or comments about these Terms of Use, please contact us by e-mail at [email protected] or by visiting our Get In Touch page.
