Web Site
Agreement
CONDITIONS OF USE
Hello, and welcome to our web-site. On behalf
of all of us at High Touch ("High Touch"), thank you for your interest.
The following are the terms of a legal agreement between
you and High Touch. By accessing, browsing, and/or using this website
("Site"), you acknowledge that you have read, understood and agree to
be bound by these terms and to comply with all applicable laws and regulations,
including United States Copyright and Trademark laws. If you do not agree
to these terms, please do not use this Site. This Site is operated by
High Touch from its offices in Denver, Colorado. High Touch makes no representations
that materials in this Site are appropriate or available for use in other
locations. Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with applicable
local laws. High Touch reserves the right to alter or amend the terms
of this agreement at any time, you agree that each time you visit our
Site, you shall be subject to and bound by the then current terms of this
agreement.
OWNERSHIP
This Site is owned and operated by High Touch and, unless
otherwise noted, High Touch owns the Copyright in all materials provided
herein. No material from this Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any manner or form except
as explicitly provided below. Modification of the materials or use of
the materials for any purpose other than those purposes explicitly permitted
below is a violation of High Touch's copyright and/or other proprietary
rights. The use of any materials from this Site on any other web-site
or networked computer environment is prohibited.
TRADEMARKS To
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The Trademarks and service marks ("Trademarks") used
or displayed on this Site are registered and unregistered or yet to be
registered Trademarks of High Touch, unless otherwise noted. Nothing in
this Site should be construed as granting -- by implication, estoppel,
or otherwise -- any license or right to use any trademarks displayed on
the site without the express written permission of High Touch or the Trademarks
owner, the Name "High Touch" or High Touch's logos may not be used in
any way without High Touch's prior WRITTEN consent. You may not use High
Touch's logos as a "hot" link to any other site unless the establishment
of such a link is approved by High Touch in advance and in writing.
SINGLE COPY LICENSE
You may download one copy of the information contained
in this website (the "Materials") on a single computer for your personal,
non-commercial, internal use only. This is a revocable license, not a
transfer of title, and is subject to the following restrictions: you may
not (a) modify the materials or use them for any commercial purpose, or
any public display, performance, sale or rental; (b) decompile, reverse
engineer, or disassemble the materials; (c) remove any copyright, trademark
registration, or other proprietary notices from the materials; or (d)
transfer the materials to another person.
SUBMISSIONSTo
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We appreciate hearing from our customers and welcome
your comments regarding High Touch products and this website. Please be
advised, however, the High Touch's company policy does not permit us to
accept or consider creative ideas, suggestions, inventions or materials
other than those which we have specifically requested. While we do value
your feedback on our products, please be specific in your comments regarding
our products and do not submit creative ideas, inventions, suggestions
or materials. If, despite our request, you send us creative suggestions,
ideas, drawings, concepts, inventions, or other information (collectively
the "Information"), the Information shall become the property of High
Touch.. None of the Information shall be subject to any obligation of
confidence on the part of High Touch and High Touch shall not be liable
for any use of disclosure of any Information. High Touch shall own exclusively
all now known or later discovered rights to the information and shall
be entitled to unrestricted use of the information for any purpose whatsoever,
commercial or otherwise, without compensation to you or any other person
who submitted the information.
DISCLAIMERTo
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This website contains links to sites which are not maintained
by High Touch. While we try to include links only those sites which are
in good taste and safe for our visitors, we are not responsible for the
content or accuracy of those sites and cannot guarantee those sites will
not change without our knowledge. The inclusion of a link in this website
does not imply High Touch's endorsement of the site. If you decide to
access linked third-party web-sites, you do so at your own risk.
THE MATERIALS AND INFORMATION YOU FIND ON THE HIGH TOUCH
WEBSITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION,
SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WESITE
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
This disclaimer of liability applies to any damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
act of God, communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of record, whether for breach of contract,
tortious behavior, negligence, or under any other cause of action. You
specifically acknowledge that High Touch is not liable for any defamatory,
offensive, infringing or illegal materials or conduct or that of third
parties, and High Touch reserves the right to remove such materials from
the High Touch website without liability.
LIMITATION OF LIABILITYTo
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Under no circumstances, including but not limited to,
negligence, shall High Touch be held liable for any special or consequential
damages that result from the use of, or the inability to use, the materials
in this site, even if High Touch or a High Touch authorized agent or representative
has been advised of the possiblity of such damages. Applicable law may
not allow the limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you. In
no event shall High Touch's total liability to you for all damages, losses,
and causes of action (whether in contract, tort, or otherwise) exceed
the amount paid by you, if any, for accessing this site.
TERMINATION
High Touch may terminate this license at any time if,
in High Touch's sole discretion and judgement you fail to comply with
any term or provision of this agreement. Upon termination you shall destroy
any materials obtained from this Site. Should the terms of this agreement
be null and void within your local government you shall immediately leave
this web-site and agree not to return or use this site as per your local
ordinances for any reason.
CONTRACT INTERPRETATIONTo
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This Agreeement shall be governed and construed in accordance
with the laws of the State of Colorado, irrespective of any applicable
conflicts of law principles. If any provision of this Agreement is ruled
to be unlawful, void, or otherwise unenforceable, then that provision
shall be deemed severable from this Agreement and shall not effect the
validity and enforceablility of any remaining provisions. This is the
entire Agreement between you and High Touch relating to the subject of
this website.
INDEMNITY
You agree to defend, indemnify, and hold harmless High
Touch, its officers, directors, employees, and agents from and against
any claims, actions, or demands, including without limitation reasonable
legal and accounting fees, arising from your use of the materials or your
breach of the terms of this Agreement. High Touch shall provide notice
to you promptly of any such claim, suit, or proceeding and shall assist
you, at your expense, in defending any such claim, suit or proceeding.
DISPUTE RESOLUTIONTo
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Any dispute arising with respect to this Agreement shall
be resolved by negotiation between the parties or, if necessary, by resort
to an appropriate federal or state court located in Denver, Colorado.
You expressly waive and are estopped from asserting any right to pursue
any claim against High Touch relating to this Agreement in any forum or
venue located outside of Denver, Colorado, in the event of the filing
of any such claim, you stipulate to the transfer of the filing to any
appropriate or available forum or court in Denver, Colorado, at High Touch's
sole discretion, at your expense.
Once again, thank you for your interest in High Touch.
We hope that you find this website interesting and enjoyable.
High Touch
P.O. Box 140661
Denver, Colorado 80214
U.S.A.
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