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.
2. Accessing the Services
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.
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.
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.
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.
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
- 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.
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.
- 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
12. Governing Law and Venue
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
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.