These Terms of Website Use (this “Agreement”) apply to all users, customers and visitors (usually referred to as "you," or “user,” below) of the website accessible at http://www.highlandsolutions.com, and any other website (all of the foregoing, collectively, the "HS Website") operated or owned by Highland Group, Inc. DBA Highland Solutions and/or HS Data Service LLC (collectively, "we" or "Highland Solutions"), unless contrary or additional terms or provisions are expressly stated to apply at such other websites or with respect to a given web page or feature.
This Agreement does not apply to any services or products provided by Highland Solutions under separate express agreement between a customer and Highland Solutions, and the HS Website does not include any application, website, software, or other services hosted by Highland Solutions specifically for a given customer under a separate agreement.
You agree to this Agreement by displaying, using or accessing the HS Website, by providing or submitting any information or materials to the HS Website (or to Highland Solutions in response to the Website), or by allowing or authorizing any person to do any of the same on your behalf or for your benefit. If you do not agree with this Agreement, please do not use, or authorize another on your behalf to use, the HS Website or any such services or features. Questions and concerns regarding this Agreement should be directed by e-mail to firstname.lastname@example.org.
MODIFICATION OF THIS AGREEMENT
Highland Solutions reserves the right to, and you agree that Highland Solutions may, change the terms, conditions, and notices under which the HS Website is offered from time to time, including but not limited to any fees or charges associated with the use of the HS Website. Please check back periodically if you wish to monitor any changes to this Agreement.
WEBSITE OPERATOR CONTACT: email@example.com
NO UNLAWFUL OR PROHIBITED USE
You represent, covenant, and warrant to Highland Solutions that you will not use the HS Website (a) for any purpose that is unlawful, impairs, infringes, or violates the rights of any other person, or is prohibited by this Agreement, (b) in any manner to deceive, harass, or injure any other person, or (c) by mobile browsing device while operating a motor vehicle to the extent prohibited by any competent jurisdiction. You may not use the HS Website in any manner that, in our reasonable judgment, adversely affects the performance or function of the HS Website or any other computer systems used by Highland Solutions, or which could damage, disable, overburden, or impair the HS Website or interfere with any other party's use and enjoyment of the HS Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HS Websites or gain unauthorized access to any account or to any Highland Solutions equipment, databases or network. You may not upload or transmit, or use, any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere, or intercept the normal operation of the HS Website or any user equipment.
Any violation of the letter or spirit of this Agreement, or any other rule, policy, restriction or limitation set forth on the HS Website, is grounds for immediate termination of access, posting, or use privileges in Highland Solutions’ sole discretion. Without limitation to any other reason for which Highland Solutions may terminate your rights to access or use the HS Website, Highland Solutions may terminate the same if Highland Solutions suspects any fraudulent activity, which may include but is not limited to: (a) use of the HS Website for any purpose other than private, internal, non-commercial purposes; (b) entering invalid or apparently invalid user information (such as anonymous "Hotmail" e-mail accounts); (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-user or time limitations; or (d) posting or submitting any opinion, communication, or other content that may indicate that you are affiliated with or related to any competitor, advertiser, sponsor, or person the subject of any such opinion or content, or a competitor thereof, or are otherwise making non-commercial or non-internal use of the HS Website.
HS WEBSITE CONTENT
Except as expressly provided herein or permitted in a written agreement between you and Highland Solutions, no materials or content available on the HS Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Materials which you may be permitted to use (if any) do not include the design or layout of the HS Website or any proprietary materials of any third party, including the trademarks of any sponsors.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the HS Website in a manner that sends more request messages to the HS Website servers in a given period of time than a human would produce in the same period by using a conventional web browser. Highland Solutions allows the operators of bona fide public search engines to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Highland Solutions source, but not caches or archives of such materials, nor for redisplay on any website or other publication except a bona fide search engine, as determined in our reasonable discretion. Highland Solutions reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use. You agree not to collect or harvest any personally identifiable information from the HS Website, nor to use any communication systems provided by the HS Website for any commercial solicitation purposes. Except as expressly allowed by a written agreement between you and Highland Solutions, you may not frame or otherwise redisplay or redistribute any HS Website content in any manner whatsoever.
You may not circumvent, disable or otherwise interfere with security related features of the HS Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the HS Website or the content therein.
LINKS TO AND FROM THIRD PARTY SITES
The HS Website may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Highland Solutions and Highland Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link does not imply endorsement by Highland Solutions of the site or any association with its operators. Highland Solutions reserves the right to refuse hypertext links from or to other websites at our sole discretion.
COMMUNICATIONS WITH HIGHLAND SOLUTIONS; SUBMISSIONS
USE OF COMMUNICATION SERVICES
The HS Website may contain chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with Highland Solutions, the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Highland Solutions has no obligation to monitor the Communication Services. However, Highland Solutions reserves the right to review materials posted to a Communication Service and to edit or remove any materials in its sole discretion. Highland Solutions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Highland Solutions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Highland Solutions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Highland Solutions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS POSTED AT ANY HS WEBSITE
Except as otherwise stated herein, Highland Solutions does not claim ownership of the materials you post, upload, input or submit to the HS Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Highland Solutions, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Highland Solutions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Highland Solutions' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
HIGHLAND SOLUTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THE HS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGHLAND SOLUTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGHLAND SOLUTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HIGHLAND SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HS WEBSITE, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HS WEBSITE.
You may not assert against Highland Solutions any claim in connection with the HS Website or any Highland Solutions feature or service unless you have given Highland Solutions written notice of the claim within 30 days after you knew or should have known of the facts giving rise to such claim.
Highland Solutions reserves the right, in its sole discretion, to terminate your access to the HS Website and the related services or any portion thereof at any time, without notice.
This Agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the HS Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between HS Website users and Highland Solutions with respect to the HS Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Highland Solutions with respect to the HS Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES; OTHER PROPRIETARY RIGHTS:
Highland Solutions and its licensors hold and reserve all right, title and interest (including patent, trademark, and copyright) to all content available on the HS Website (subject to the terms hereof). Elements of the HS Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, video or image from the HS Website may be copied or retransmitted unless expressly permitted by Highland Solutions.
Unless otherwise expressly provided herein or on the HS Website, you may not, without the express prior written consent of Highland Solutions: (a) copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the HS Website in any form whatsoever; (b) reproduce HS Website content on any other website (whether framed, mirrored or otherwise and whether or not Highland Solutions is attributed as the owner); (c) modify, translate into any language or computer language, or create derivative works from, any content or any part of the HS Website; (d) reverse engineer any part of the HS Website or any software made available by Highland Solutions; or (e) disguise the origin of the information available on or through the HS Website.
Highland Solutions owns or licenses the images and photographic material on the HS Website, and such images may not be reused for any purpose or in any manner without Highland Solutions’ express prior written consent.
All contents of the HS Website are: Copyright 1999-2011 by Highland Solutions and/or its suppliers. All rights reserved.
Highland Solutions owns, among other marks, the trademarks and service marks HIGHLAND SOLUTIONS, HS DATA SERVICE, and the HS logo. The names of other actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.