TERMS OF SERVICE
TERMS OF SERVICE AGREEMENT OVERVIEW
This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User” or “Users”) and Higher Landing Inc. (the “Site Host”). Please read this Agreement carefully, as you are bound by its Terms of Service (“Terms of Service”, “Terms”). The Higher Landing Inc. website (the “Hosted Site”) is hosted on Squarespace, Inc., an online, e-commerce platform. Users of the Hosted Site are bound also to Squarespace, Inc.’s Terms of Service. Please review carefully Squarespace, Inc.’s Terms of Service. By visiting the Hosted Site and/or purchasing something from the Hosted Site, the User engages in the “Service” and agrees to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the Hosted Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any new features or tools which are added to the Hosted Site are also subject to the Terms of Service. The Site Host expressly reserves the right to modify or to update the policies and notices pertaining to the Terms of Service of the Hosted Site at its discretion. It is strongly recommended that the User refer to this section on a regular basis to obtain the latest version of the Terms of Service. The User’s continued use of or access to the Hosted Site following the posting of any changes constitutes acceptance of those changes. If the User has any questions about the Hosted Site and/or the Terms of Service Agreement, please contact: firstname.lastname@example.org.
1. ONLINE PURCHASE TERMS
By agreeing to these Terms of Service, the User represents that the User is at least the age of majority in the User’s state or province of residence, or that the User is the age of majority in the User’s state or province of residence and the User has given the Site Host consent to allow any of the minor dependents to use this Hosted Site. The User may not use the Site Host’s products for any illegal or unauthorized purpose nor may the User, in the use of the Service, violate any laws in the User’s jurisdiction (including but not limited to copyright laws). The User must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of the User’s Services.
2. GENERAL CONDITIONS
The Site Host reserves the right to refuse service to anyone for any reason at any time. The User understands that the User’s content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks. The Site Host uses the online financial services of Stripe.com (“Stripe”). The Site Host is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with Stripe or any third-party websites. Please review carefully Stripe or any third-party's policies and practices and make sure as the User, you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Stripe and/or third-party services and products should be directed to Stripe or the third-party. The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Hosted Site through which the service is provided, without express written permission by the Site Host. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Hosted Site. These products or services may have limited quantities and are subject to re or exchange only according to the Site Host’s Return Policy. The Site Host has made every effort to display as accurately as possible the images of its products that appear for purchase. The Site Host cannot guarantee that the User’s computer monitor's display of the image will be accurate. The Site Host reserves the right, but is not obligated, to limit the sales of its products or Services to any person, geographic region or jurisdiction. The Site Host may exercise this right on a case-by-case basis. The Site Host reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of the Site Host. The Site Host reserves the right to discontinue any product at any time. Any offer for any product or service made on this Hosted Site is void where prohibited. The Site Host does not warrant that the quality of any products, services, information, or other material purchased or obtained by the User will meet the User’s expectations, or that any errors in the Service will be corrected.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for the Site Host’s products are subject to change without notice. The Site Host has the right at any time to modify or discontinue the Service and/or products (or any part or content thereof) without notice at any time. The Site Host shall not be liable to the User or to any third-party for any modification, price change, suspension or discontinuance of the Service and/or product.
5. ACCURACY OF BILLING AND ACCOUNT INFORMATION
The Site Host reserves the right to refuse any order the User places with the Site Host. The Site Host may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Site Host makes a change to or cancel an order, the Site Host may attempt to notify the User by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The User agrees to provide current, complete and accurate purchase and account information for all purchases made at the Hosted Site. The User agrees to promptly update the User’s account and other information, including email address and credit card numbers and expiration dates, so that the Site Host can complete the transactions and contact the User as needed.
6. OPTIONAL TOOLS
The Site Host may provide the User with access to third-party tools over which the Site Host neither monitor nor have any control nor input. The User acknowledges and agrees that the Site Host provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Site Host shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools. Any use by the User of optional tools offered through the Hosted Site is entirely at the User’s own risk and discretion and the User should ensure that the User is familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). The Site Host may also, in the future, offer new services and/or features through the Hosted Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
7. THIRD-PARTY LINKS
Certain content, products and services available via the Hosted Site may include materials from third-parties. Links to other websites and other resources do not imply an endorsement of those websites and their content or those resources. The existence of a link to another site does not imply that the organization or individuals publishing at that site endorses any of the content at this Hosted Site. Links to other websites and resources are provided by the Site Host for educational and informational purposes. Third-party links on this Hosted Site may direct the User to third-party websites that are not affiliated with the User. The Site Host is not responsible for examining or evaluating the content or accuracy. The Site Host does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The Site Host is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure as the User, you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the Site Host’s request, the User sends certain specific submissions or without a request from the Site Host the User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), the User agrees that the Site Host may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium worldwide in perpetuity any comments that the User forwards to the Site Host. The Site Host is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. The Site Host may, but have no obligation to, monitor, edit or remove content that it determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The User agrees that the User’s comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The User further agrees that the User’s comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The User may not use a false e-mail address, pretend to be someone other than his or herself, or otherwise mislead the Site Host or third-parties as to the origin of any comments. The User is solely responsible for any comments he or she makes and their accuracy. The Site Host takes no responsibility and assume no liability for any comments posted by the User or any third-party.
9. ELEMENTS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS
All content on this Hosted Site fall under the intellectual property rights held by the Site Host unless otherwise noted and are used on the basis of authorizations or licenses or otherwise published with the permission of the owner of the material. The content posted on this Hosted Site may not be retrieved or downloaded. Content contained on this Hosted Site may not otherwise be copied, modified, published, broadcast, or otherwise distributed without the prior written permission of the Site Host.
10. PERSONAL DATA AND INFORMATION COLLECTION
11. INACCURACIES, ERRORS, AND OMISSIONS
While the Site Host has made every effort to present accurate information on this Hosted Site, the information contained herein may contain errors or omissions. The Site Host is not responsible for the accuracy of the validity of allegations or statements, which are found among the documents, content, elements or graphics, found on this Hosted Site. No guarantees whatsoever are associated with this Hosted Site or its content. All content or other contributions by individuals to the Hosted Site reflect only the author's views and opinions and are not shared by the Site Host or anyone else who has been involved in the creation, production, or delivery of the Hosted Site. The Site Host or anyone else who has been involved in the creation, production, or delivery of the Hosted Site can in no event be held responsible for content or material found on this Hosted Site. The material on this Hosted Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Hosted Site is at the User’s own risk. This Hosted site may contain certain historical information. Historical information, necessarily, is not current and is provided for the User’s reference only. The Site Host makes no warranties or representations of any kind concerning the accuracy, reliability, suitability, or safety of the information contained on this Hosted Site for any purpose, or of the products connected therewith.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Site Host does not warrant or represent that the Hosted Site and the servers that make the Hosted Site available will be constantly available, or available at all. The Site Host does not guarantee, represent or warrant that the User’s use of the service will be uninterrupted, timely, secure or error-free. The Site Host reserves the right to modify the contents of this Hosted Site at any time, but the Site Host has no obligation to update any information on the Hosted Site. The User agrees that it is the User’s responsibility to monitor changes to the Hosted Site. The User expressly agrees that the User’s use of, or inability to use, the service is at the User’s sole risk. Without limiting the foregoing, and to the extent permitted by law, the functions contained in this Hosted Site, the operations of this Hosted site, and all content on this Hosted Site are provided "as is." Without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of fitness for a particular purpose, accuracy, or non-infringement. In no event is the Site Host or anyone else including third parties who have been involved in the creation, production, or delivery of this Hosted Site or its contents, be liable for any direct, incidental, or consequential damages or harm resulting from the use of this Hosted Site or any linked site, even if advised of the possibility of such damages. In no case shall the Site Host, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the User’s use of any of the service or any products procured using the service, or for any other claim related in any way to the use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, the User is prohibited from using the Hosted Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. The Site Host reserves the right to terminate the User’s use of the Service or any related website for violating any of the prohibited uses.
The User agrees to indemnify, defend and hold harmless the Site Host and its directors, officers, subsidiaries, affiliates, partners, parent, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the User’s breach of these Terms of Service or the documents they incorporate by reference, or the User’s violation of any law or the rights of a third-party.
15. UNENFORCEABLE PROVISIONS
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either the User or the Site Host. The User may terminate these Terms of Service at any time by notifying the Site Host that the User no longer wishes to use the Site Host’s Services, or when the User ceases using the Hosted Site. If in the Site Host’s sole judgment the User fails, or the Site Host suspects that the User has failed, to comply with any term or provision of these Terms of Service, the Site Host also may terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to the Hosted Site’s Services (or any part thereof).
17. ENTIRE AGREEMENT
The failure of the Site Host to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by the Site Host on this site or in respect to the Service constitutes the entire agreement and understanding between the User and the Site Host and governs the User’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and the Site Host (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Users of this Hosted Site should be aware that this Hosted Site is located in Alberta, Canada and the Site Host is governed by the laws of the province of Alberta, Canada. The company that makes the platform for this Hosted Site available is located in the United States of America. The parties agree to attorn to the laws of Alberta, and to have all disputes and claims related to this Agreement adjudicated in the judicial district of Calgary.