TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (the “Terms”) is an agreement between you (“you,” “your” or “yourself”) and Higher Standard Enterprises, LLC, a Delaware limited liability company (“Higher Standard,” “we,” “our,” or “us”). You must read, agree with, and accept all of the terms and conditions contained in these Terms in order to use our website located at www.gethigherstandards.com (the “Site” or “Website”) and related products available on or through Higher Standard’s Site. We may amend these Terms at any time without written notice to you. An amendment to these Terms shall be deemed valid and effective when the amendment appears on the Site. Your continued use of the Site and/or a Service after the effective date of a revised version of these Terms constitutes your acceptance.
Section 1. Your Rights and Obligations.
(a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
(b) THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
(c) BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
(d) YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 21 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH HIGHER STANDARD, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
(e) THESE TERMS ARE AN INTEGRAL PART OF THE WEBSITE TERMS OF USE THAT APPLY GENERALLY TO THE USE OF OUR SITE. YOU SHOULD ALSO CAREFULLY REVIEW OUR PRIVACY POLICY BEFORE PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS SITE. TO ACCESS THE WEBSITE OR SOME OF THE RESOURCES IT OFFERS, YOU MAY BE ASKED TO PROVIDE CERTAIN REGISTRATION DETAILS OR OTHER INFORMATION. IT IS A CONDITION OF YOUR USE OF THE WEBSITE THAT ALL THE INFORMATION YOU PROVIDE ON THE WEBSITE IS CORRECT, CURRENT, AND COMPLETE. YOU AGREE THAT ALL INFORMATION YOU PROVIDE TO REGISTER WITH THIS WEBSITE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THROUGH THE USE OF ANY INTERACTIVE FEATURES ON THE WEBSITE, IS GOVERNED BY OUR PRIVACY POLICY, AND YOU CONSENT TO ALL ACTIONS WE TAKE WITH RESPECT TO YOUR INFORMATION CONSISTENT WITH OUR PRIVACY POLICY.
(f) IF YOU CHOOSE, OR ARE PROVIDED WITH, A USERNAME, PASSWORD OR ANY OTHER PIECE OF INFORMATION AS PART OF OUR SECURITY PROCEDURES, YOU MUST TREAT SUCH INFORMATION AS CONFIDENTIAL, AND YOU MUST NOT DISCLOSE IT TO ANY OTHER PERSON OR ENTITY. YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USERNAME OR PASSWORD OR ANY OTHER BREACH OF SECURITY. WE HAVE THE RIGHT TO DISABLE ANY USERNAME, PASSWORD OR OTHER IDENTIFIER, WHETHER CHOSEN BY YOU OR PROVIDED BY US, AT ANY TIME IN OUR SOLE DISCRETION FOR ANY OR NO REASON, INCLUDING IF, IN OUR OPINION YOU HAVE VIOLATED THE PROVISION OF THESE TERMS OF USE.
(g) IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE SITE.
Section 2: Term and Termination
Section 2.1 Term. These Terms shall remain in full force and effect while you use Higher Standard’s Site and/or products or are a client of Higher Standard’s. Higher Standard may terminate your account at any time, without warning, for any reason in our sole discretion, including your violation of these Terms of Use. Even after your account is terminated, these Terms and your payment obligations will remain in effect.
Section 2.2 Termination. Higher Standard may terminate your access to your account and the Site at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.
Section 2.3 Consequences of Termination. Termination will not relieve you of your payment obligation(s), which fees and expenses, together with any applicable taxes, will be charged to your account or other form of payment pursuant to Article 4.
Section 2.4 Survival. All provisions of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section 3: Your Use of the Higher Standard’s Site
Section 3.1 Representations and Warranties by Means of Use of Site. By utilizing the Site, you make certain representations and warranties to us that we rely on in providing our products. You represent and warrant that you are not a citizen or a resident of a country in which use or participation in the Site is prohibited by any law, regulation, treaty, administrative order, or decree. You warrant that you are not associated with any countries with which the United States has any embargoes prohibiting or affecting your Right to Participate. You warrant that all submitted information is truthful, accurate, and will be maintained, including, but not limited to, your identity and personal information. Higher Standard may decline to enter and/or terminate these Terms and any other Agreements between you and Higher Standard at its sole discretion and in the event of any breach of this Section.
Section 3.1 Purpose. The Site has specific uses and by entering these Terms, you are agreeing not to use the Site for any improper purposes. The Site was designed to offer candies, confectionaries, and gummy products containing THC and/or CBD, as well as candies, confectionaries, and gummy products not containing THC and/or CBD (the “products”) to you. The products include any products and services listed for sale on our domain at www.gethigherstandards.com. For clarity, each product order, registration, or subscription forms an “Agreement” between you and Higher Standard.
Section 4: Higher Standard Products
Section 4.1 Overview of Products. Higher Standard may offer the following through its Site, which may include but is not limited to:
Candies, confectionaries, and gummy-based products – both containing CBD and/or THC, and not containing CBD and/or THC. We also manufacture and/or sell merchandise and products related to these otherwise mentioned products.
Any and all products sold and provided by Higher Standard are governed by these Terms. Please contact us at hello@gethigherstandards.com before registration and/or purchase of any related products in the event of any ambiguity or concern.
Section 4.2 General Disclaimer. Higher Standard makes no guarantees for any results based on any products provided to you.
Section 5: Payment and Refund Policy
Section 5.1 Our fees. You are obligated to pay for the product(s) in its entirety. Higher Standard will charge your payment method according to the then-current amount set forth on the Site for the products selected by you, and you hereby authorize us to charge your payment method in its entirety for such amount(s).
While Higher Standard will use commercially reasonable efforts to ensure the security of all payment methods and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Higher Standard harmless for any damages that may result therefrom. Higher Standard will use third-party services to process the payments. For further information regarding that service, please contact Higher Standard to request information about Higher Standard’s third-party processing providers.
You will be liable for all transaction taxes on the Services (other than taxes based on Higher Standard’s income or employment tax burden of Higher Standard).
Section 5.2 Payment Methods. Higher Standard is authorized by you to charge the payment method(s) provided by you in compliance with the Privacy Policy. You expressly authorize Higher Standard to charge your selected payment method(s) in accordance with these Terms. You acknowledge that Higher Standard payment processing services are provided by our third-party processing partners. You agree that you will comply with the terms and conditions of any applicable vendor agreements and all applicable rules, policies, laws, and regulations at all times while using such payment method(s).
Section 5.3 Refund Policy. If you, for any reason, are not satisfied with your order, you may return it for a full refund by contacting us provided: (i) the request is made within thirty (30) days from the date of purchase; (ii) you pay for the shipping fees incurred in returning the order; and (iii) the product is returned in the same condition as originally received by you. Once the goods are received and inspected by us, you will receive an email confirming refund initiation, and we will refund your purchase price, less the original shipping & handling charges. You bear the risk of loss or damage during shipment, and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
Section 6: Subscription and Cancellation of Subscription
Section 6.1 Subscription. Higher Standard’s products are offered on an ongoing basis through an optional monthly subscription. However, users of our Website do not have to obtain the subscripton in order to purchase any products from the Website. Some of the products and services available through or in connection with our websites require you to purchase a subscription to have certain products shipped to you on a monthly schedule. The price that we will charge you for your subscription orders is __% off the one-time purchase price, both for the first order and for recurring orders. We reserve the right to change a product’s price or pricing structure at any time, with appropriate notice to you.
Section 6.2 Cancellation of Subscription. We may terminate or cancel your subscription to our products at any time and such termination or cancellation shall be effective upon the end of your then-current subscription term. You may cancel your subscription at any time after the first purchase you make on our Website during your subscription. You may cancel your subscription by contacting hello@gethigherstandards.com or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 48 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
Section 7: Higher Standard Rules and Policies
Section 7.1 Marketing Consent. You authorize and consent to allow Higher Standard to use for publicity or marketing purposes, photographs provided by you to Higher Standard. Higher Standard will take reasonable steps to edit such photographs to omit your face and any recognizable birthmarks or tattoos to the extent possible.
Section 7.2 Your Content on Our Site. You acknowledge that any information provided by you that you make public on the Site (“Posted Content”) is non-confidential and non-proprietary and that such Posted Content may be used by any third party with access to the Site without our control, and you assume the risk of misuse of your Posted Content by such third parties. We are not responsible or liable to any third party for the content or accuracy of any Posted Content. You agree that we are only acting as a passive conduit for your online distribution and publication of your Posted Content. The Company, however, reserves the right to remove any Posted Content from its Website at its sole discretion.
You also represent, covenant, and acknowledge that the Posted Content and any content or material submitted by you to the Platform through any form of submission (including, but in no way limited to, uploading, posting, publishing, or displaying on the Platform) is content that you hold all right, title, and interest to. Title for purposes of this section shall include all copyright and rights of publicity associated with the Posted Content. By uploading or posting the Posted Content on the Site, you expressly grant Higher Standard and its affiliated entities a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify or otherwise use the Posted Content in connection with the operation of the Site. Our use of the Posted Content is also governed by Higher Standard’s Privacy Policy.
Section 7.3 Validation of Information. We may, from time to time, need to confirm or validate information that you provide to us via the Site. You authorize us to use third parties and internal mechanisms to confirm any information you provide to us. Failure to provide any information that we request is deemed a violation of these Terms and may be cause for suspension and/or termination of the services and your access to the Site.
Section 7.4 Third Party Websites. The Site may provide links to other sites that are not related to or affiliated with us. We have no control over such sites and resources and cannot assume responsibility for those sites. We do not endorse any third-party sites and you further acknowledge your full responsibility and liability for any damage or loss caused by or in connection with use or reliance on any third-party sites. For more information on third-party sites, please review our Privacy Policy. Notwithstanding anything to the contrary, you hereby agree to hold harmless and indemnify us and each Indemnified Party for any liability related to third parties.
Section 7.5 Limitations. You are responsible for compliance with any and all applicable laws, rules, regulations, and tax obligations that may apply to your use of the Site and/or products. In connection with your use of the Site, including but not limited to Posted Content, you agree to the following limitations, and you will not and will not assist or enable others to:
a) access, or attempt to access, our Site by any means other than the interface provided and shall not use the information from the Site for any purpose other than the reasons it was made available under these Terms.
b) transmit any information or Posted Content that infringes on any intellectual property rights of any third parties or that you do not have the right to transmit by way of any regulation related to intellectual property rights, government national security regulations or other valid law, regulation or decree. This shall expressly include private, confidential information that you have any duty to conceal from third parties, included, but not limited to physician-patient or attorney-client related privileges;
c) impersonate or misrepresent yourself as any other person or entity while using the Site or otherwise promote any criminal activity or enterprise or provide institutional support for any illegal activities. Breach of this Section will result in immediate termination of your account and access to the Site without notice, at Higher Standard’s sole discretion;
d) solicit information from any person under the age of eighteen (18);
e) use the Site or any other access point to harvest or collect email addresses or other contact information for the purposes of sending unsolicited emails or communications of any kind;
f) use the Site for any commercial or other purposes, including to offer, buy, or sell any goods or services that are not expressly authorized by us or in a manner that falsely implies endorsement, partnership, or otherwise misleads others as to your affiliation with Higher Standard;
g) disclose to any third party or use for any purpose other than the purpose for which it was made available any information belonging to us that is marked as confidential, copyrighted, trademarked, or proprietary. You shall not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or delete or alter any copyrights, trademark, or other proprietary rights notices from copies of materials from this Site. You shall also not access or attempt to access any materials not intentionally made available or provided through the Site;
h) copy, modify, create derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any of our source code or any other proprietary parts of our Site, and use, display, mirror, or frame the Site or any individual element within the Site, Higher Standard’s name, any Higher Standard trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Site, without Higher Standard’s express written consent;
i) breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our terms, policies, or standards;
j) copy, store, collect, or otherwise access or use any information, including personally identifiable information about any client, contained on the Site in any way that is inconsistent with Higher Standard’s Privacy Policy or these Terms or that otherwise violates the privacy rights of a client or third parties;
k) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
l) dilute, tarnish, or otherwise harm the Higher Standard brand in any way, including through unauthorized use of the Site, registering and/or using Higher Standard or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Higher Standard domains, trademarks, taglines, promotional campaigns or the Platform;
m) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Higher Standard or any of Higher Standard’s providers or any other third party to protect the Site;
n) take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Site;
o) export, re-export, import, or transfer the Site except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws;
p) violate or infringe anyone else’s rights or otherwise cause harm to anyone;
q) impersonate or attempt to impersonate Higher Standard, a Higher Standard employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
r) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
s) you may not establish a link to our Website in such a way as to suggest any form os association, approval, or endorsement on our part.
t) otherwise attempt to interfere with the proper working of the Site.
Section 7.6 Right to Enforce these Terms. Higher Standard has the right but no obligation to monitor this Site including Posted Content and any information, including information subject to the Privacy Policy.
Failure to comply with these Terms and other Agreements may result in your access to the Site being suspended and/or terminated indefinitely. We also reserve the right to self-help in connection with enforcing Agreements to the fullest extent allowable under the law. Once suspended or terminated, you may not continue to use the Site and any attempt to circumvent a suspension or termination by creating another account (a “Circumvention Account”) shall be deemed a breach of the Agreement. We reserve the right to reclaim or retain any funds, payments and/or credits in any accounts that we deem are Circumvention Accounts at our sole discretion, and you hereby acknowledge that using Circumvention Account(s) shall result in forfeiture of all funds, payments and/or credits in any accounts you hold on the Site. Violations of the Agreements may be prosecuted to the fullest extent of the law, but we make no warranty that guarantees our users that we will prosecute parties in breach of the Agreement on their behalf or to their benefit.
Section 8: Warranty Disclaimer, Limitation of Liability, and Indemnification
Section 8.1 Warranties and Disclaimers. We make no warranty or representation with regard to the products, the Site, or the activities related to these Terms unless otherwise agreed to in writing in an Agreement. To the maximum extent permitted, all warranties are disclaimed unless expressly in writing within these Terms or an Agreement. This disclaimer of warranty includes, but in no way is limited to, express or implied conditions, warranties of merchantability, fitness for a particular purpose, and non-infringement. Any remedy you may have must be found expressly in these Terms or an Agreement or otherwise is deemed waived by you.
Section 8.2 Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HIGHER STANDARD, OUR PARENT(S), OR AFFILIATED COMPANIES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE PRODUCTS OFFERED THROUGH THE SITE. THERE SHALL BE NO LIABILITY FOR LITIGATION COSTS, LOST PROFITS, OR LOST DATA.
Liability of Higher Standard and our parent(s) or affiliated companies to you, any user or visitor to the Site for any claim arising out of or in connection with these Terms, products provided, or the Site, shall be limited to the lesser of (i) two thousand US Dollars ($2,000.00) or (ii) any fees retained by us with respect to Agreement(s) in which you were involved during the one-month period preceding the claim. These limitations will apply to any liability arising from any cause of action whatsoever, even if the limited remedies provided herein fail their essential purpose. By using the Site, checking the box, and clicking “submit,” you acknowledge and agree to this limitation of liability.
If you are a California resident using the Website, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him but have materially affected his settlement with the debtor.”
Section 8.3 Indemnification. You will indemnify, defend, and hold harmless Higher Standard and its parent(s), subsidiaries, and affiliates, as well as their respective officers, agents, employees, contractors, and representatives (each, an “Indemnified Party”) from any and all claims, actions, damages, liabilities, costs, and expenses including, but not limited to, reasonable attorneys’ fees and all related costs and expenses arising from or relating to your use of the Site, any products or any Agreement(s) entered into by you, your violation of these Terms of Service, and/or your violation of any rights of a third party. In addition, by clicking accept, you assume all risk for your health and well-being and fully release and hold harmless Higher Standard from any and all claims for liability.
Section 9: Miscellaneous Provisions
Section 9.1 Entire Agreement. These Terms set out the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. In the event of conflict between these Terms and any Agreement(s), these Terms shall control.
Section 9.2 Compliance. You agree that you will not violate any laws or third-party rights on or related to the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable import and export control laws and third parties’ proprietary rights. The software and the transmission of applicable data, if any, is subject to United States export controls. No software may be exported or re-exported in violation of U.S. export laws. Using the Site 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 Site, including online conduct and acceptable content.
Section 9.3 Modifications. No amendment or modification to these Terms will be binding on Higher Standard unless set forth in a written instrument signed by a duly authorized representative of Higher Standard.
Section 9.4 Notices; Consent to Electronic Notice. You consent to the use of (a) electronic means to complete these Terms and to deliver any notices related to or necessary for the completion of these Terms; and (b) electronic records to store information related to these Terms or your use of the Site. Notices hereunder will be valid only as follows:
à If to you: (i) via electronic mail (e-mail) that you provide to us when registering for the Site. The date of receipt will be deemed the date on which such notice is transmitted.
à If to us: via U.S. certified mail, return receipt requested, or via nationally or internationally recognized overnight courier (i.e. DHL, FedEx, UPS, etc.) to the following address, that may be modified without notice on the Site, the date of receipt being one (1) business day after actual receipt by us:
RESIDENT AGENTS INC.
Attention: Higher Standard Enterprises LLC
8 The Green, Suite R
Dover, DE 19901
Section 9.5 No Waiver. The failure or delay of Higher Standard to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect our right to later enforce or exercise it, unless we issue an express written waiver, signed by a duly authorized representative of Higher Standard. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Section 9.6 Assignability. You may not assign these Terms, or any of its rights or obligations hereunder, without our prior written consent in the form of a written instrument signed by a duly authorized officer of Higher Standard. We may freely assign these Terms without your consent. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, these Terms will inure to the benefit of the successors and permitted assigns of the parties.
Section 9.7 Severability. If any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
Section 9.8 Choice of Law. These Terms and any controversy, dispute, or claim arising out of or relating to these Terms, including but not limited to an Agreement, will be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Section 9.9 Forum Selection, Attorney’s Fees, Personal Jurisdiction and Venue. You agree that any claim or dispute arising under these Terms or your use of the Site must be resolved through binding arbitration with a tribunal sitting in the State of Delaware, pursuant to the rules of the American Arbitration Association. If we are successful in any action, whether defending or prosecuting against you, you agree to pay all attorney’s fees and costs associated with that action. You hereby irrevocably consent to the personal jurisdiction and venue of the arbitration tribunal. You further agree that any issue you have with Higher Standard that arises under these Terms is arbitrable and that the State of Delaware is a convenient forum for any disputes that arise between us.
Section 9.10 Prevailing Language. The English language version of these Terms will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.
Section 9.11 Proprietary Rights. Higher Standard and its licensors reserve all rights, title, ownership, and interest in and to copyrights, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected, in and to the Site, including, but not limited to, any materials and/or information provided by Higher Standard through the Site. You may not use the Site except as necessary for the purposes of discharging obligations under these Terms and any Agreement(s) entered into pursuant to these Terms. We reserve the right to withdraw, expand and otherwise change the Site at any time in our sole discretion.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Section 9.12 Confidentiality. You acknowledge that any and all material or content supplied in the provision of Services and under these Terms to you is copyrighted and should not be shared with any third parties. All information provided to us by you will be kept confidential pursuant to our Privacy Policy and not shared with others without your express permission, which may be acquired through electronic consent or in accordance with these Terms. You acknowledge that Higher Standard reserves the right to fully cooperate with any law enforcement authorities, court order, or subpoena requesting or ordering us to disclose the client’s identity or other client information. In the event of such cooperation, Higher Standard will endeavor to provide you with reasonable notice of the information disclosed.
Section 9.13 Trademarks. The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Section 9.14 Reporting Claims of Copyright Infringement. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act(17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
a) Your physical or electronic signature
b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
d) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
e) A statement that the information in the written notice is accurate.
f) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
RESIDENT AGENTS INC.
Attention: Higher Standard Enterprises LLC
8 The Green, Suite R
Dover, DE 19901
If you fail to comply with all of the requirements of Section 512©(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website if infringing your copyright, you may be held liable for damages (including costs and attorneys fees) under Section 512(f) of the DMCA.
Section 9.15 Counter-Notices of Copyright Infringement. If you believe that your Posted Content that has been removed from the Site is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Posted Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
a) Your physical or electronic signature;
b) A description of the content that has been removed and the location at which the content appeared before it was removed;
c) A statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
d)Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content inten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in our sole discretion) be reinstated on the Website in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
Section 9.16 California and European Union Residents. The following disclosure is made pursuant to the California Online Privacy Protection Act: When you use our Site, other parties, such as Google, may collect personally identifiable information about your activities over time and across different websites or online services. If you are a California resident, these additional privacy terms apply to you: LINK.
