We reserve the right to refuse any order placed
through the Services. We may, in our 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 payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers,
or
distributors.
6. CANCELLATION
You can cancel your subscription at any time by logging into your
account. Your cancellation will take effect at the end of the current
paid term.
If
you are unsatisfied with our Services, please email us at legal@higher.hosting
or call us at (+1)5054727385
.
You may not access or
use
the Services for any purpose other than that for which we make the Services available. The
Services
may not be used in connection with any commercial endeavors
except those that are specifically endorsed or
approved by us.
As a user
of
the Services, you agree not to:
-
Systematically
retrieve data or other content from the Services to create or compile, directly
or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of
the
Services, including features that prevent or restrict the use or
copying
of any Content or enforce limitations on the use of the Services
and/or
the Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
-
Use
any information obtained from the Services in order to harass,
abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of
abuse or
misconduct.
-
Use
the Services in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking
to
the Services.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters
and spamming (continuous posting of repetitive text), that
interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that
acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats (
"gifs"), 1×1 pixels, web
bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms"
).
-
Interfere
with, disrupt, or create an undue burden on the Services or the
networks
or services connected to the
Services.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in
providing any portion of the Services to
you.
-
Attempt
to bypass any measures of the Services designed to prevent or
restrict
access to the Services, or any portion of the
Services.
-
Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up
a part of the Services.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Services, or use or launch any
unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Services.
-
Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited
email,
or creating user accounts by automated means or under false pretenses
.
-
Use
the Services as part of any effort to compete with us or otherwise
use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
-
Sell or otherwise transfer your profile.
8. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or
on
the Services, including but not limited to text, writings,
video,
audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions"). Contributions
may be
viewable by other users of the Services and through third-party
websites. As such, any
Contributions you transmit may be treated in accordance with the
Services' Privacy Policy.
When you create or make available any Contributions, you
thereby represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or copying
of
your Contributions do not and will not infringe the proprietary rights, including but
not
limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner
of or
have the necessary licenses, rights, consents, releases, and
permissions
to use and to authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services and these
Legal Terms.
- You have the written consent,
release, and/or permission of each and every identifiable individual person in your
Contributions to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner contemplated by
the
Services and these Legal Terms.
- Your Contributions are not
false,
inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials,
pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not
obscene,
lewd, lascivious, filthy, violent, harassing,
libelous
, slanderous, or otherwise objectionable
(as
determined by us).
- Your Contributions do not
ridicule,
mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used
to
harass or threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not
violate
any applicable law, regulation, or rule.
- Your Contributions do not
violate
the privacy or publicity rights of any third party.
- Your Contributions do not
violate
any applicable law concerning child pornography, or otherwise intended to protect the
health
or well-being of minors.
- Your Contributions do not
include
any offensive comments that are connected to race, national origin, gender, sexual
preference, or physical handicap.
- Your Contributions do not
otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation.
Any use of
the
Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the
Services.
You and Services agree
that
we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions
or
other feedback regarding the Services, you agree that we can use and share such feedback for any
purpose
without compensation to you.
We do not assert any
ownership
over your Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions. We are not liable
for
any statements or representations in your Contributions provided by you in any area on the Services.
You
are solely responsible for your Contributions to the Services and you expressly agree to exonerate
us
from any and all responsibility and to refrain from any legal action against us regarding your
Contributions.
10.
GUIDELINES FOR REVIEWS
We may provide you areas on
the
Services to leave reviews or ratings. When posting a review, you must comply with the following
criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
(3)
your reviews should not contain discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if posting
negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post
any
false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject,
or
remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates
or partners. We do not assume liability for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all
content
relating to review.
11. SOCIAL
MEDIA
As part of
the
functionality of the Services, you may link your account with online accounts you
have
with third-party service providers (each such account, a
"Third-Party Account") by
either:
(1) providing your Third-Party Account login information through the Services; or
(2)
allowing us to access your Third-Party
Account, as is permitted under the applicable terms and conditions that govern your
use
of each Third-Party Account. You
represent
and warrant that you are entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the terms and conditions that govern your
use
of the applicable Third-Party Account,
and
without obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us access
to
any Third-Party Accounts, you understand
that
(1) we may access, make available, and store (if applicable) any content that you
have
provided to and stored in your Third-Party
Account (the "Social Network Content") so that it is available on and
through
the Services via your account, including without limitation any friend lists and (2)
we
may submit to and receive from your Third-Party Account additional information
to
the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject
to
the privacy settings that you have set in such Third-Party Accounts, personally
identifiable
information that you post to your Third-Party
Accounts may be available on and through your account on the Services. Please note
that
if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by the
third-party service provider, then Social Network Content may no longer be available
on
and through the Services. You will have the ability to disable the connection
between
your account on the Services and your Third-Party Accounts at any time. PLEASE
NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or non-infringement,
and
we are not responsible for any Social Network Content. You acknowledge and agree
that we
may access your email address book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of identifying
and
informing you of those contacts who have also registered to use the Services. You
can
deactivate the connection between the Services and your Third-Party Account by contacting us using
the
contact information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained through
such
Third-Party Account, except the username
and
profile picture that become associated with your account.
12. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain
(or
you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or
items
belonging to or originating from third parties ("Third-Party
Content"
). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content,
accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting
the use or installation of any Third-Party Websites or
any
Third-Party Content does not imply approval or
endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you
should
be aware these Legal Terms no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Services
or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and
from
other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not
endorse
the products or services offered on Third-Party Websites
and
you shall hold us blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
13. ADVERTISERS
We allow advertisers to
display
their advertisements and other information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to place such advertisements,
and
we have no other relationship with advertisers.
14. SERVICES
MANAGEMENT
We reserve the right, but not
the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
15. PRIVACY
POLICY
We care about data privacy
and
security. Please review our Privacy Policy:
https://new.higher.hosting/privacy-policy. By using the Services, you agree
to be
bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the
Services are hosted in the United Kingdom
, United States
, Singapore
, Australia
, India
, Canada
and Hong Kong
. If you access the Services from any other region of
the
world with laws or other requirements governing personal data collection, use, or disclosure that
differ
from applicable laws in
the United Kingdom
, United States
, Singapore
, Australia
, India
, Canada
and Hong Kong
, then through your continued use of the Services, you
are
transferring your data to
the United Kingdom
, United States
, Singapore
, Australia
, India
, Canada
and Hong Kong
, and you expressly consent to have your data
transferred
to and processed in
the United Kingdom
, United States
, Singapore
, Australia
, India
, Canada
and Hong Kong
.
Further, we do not knowingly accept, request, or solicit information
from
children or knowingly market to children. Therefore, in accordance with the U.S.
Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under the age
of
13 has provided personal information to us without the requisite and verifiable parental
consent, we will delete that information from the Services as quickly as is reasonably
practical.
16. TERM
AND TERMINATION
These Legal Terms shall
remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your
account for any reason, you are prohibited from registering and creating a new account under your
name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and injunctive
redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or
need
to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services
at
any time or for any reason without notice to you. You agree that we have no liability whatsoever for
any
loss, damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to
obligate
us to maintain and support the Services or to supply any corrections, updates, or releases in
connection
therewith.
18. GOVERNING
LAW
These Legal Terms and your
use
of the Services are governed by and construed in accordance with the laws of
the State of New Mexico
applicable to agreements made and to be entirely performed within
the State of New
Mexico
, without regard to its conflict of law
principles.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or
us
(individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding
Arbitration
Any dispute
arising from the relationships between the Parties to these Legal Terms shall be determined by one
arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European
Court of
Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which
are in
force at the time the application for arbitration is filed, and of which adoption of this clause
constitutes
acceptance. The seat of arbitration shall be
London,
United Kingdom
. The language of the proceedings shall be English
. Applicable rules of substantive law shall be the law of the United Kingdom
.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c)
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
20. CORRECTIONS
There may
be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST
JUDGMENT AND
EXERCISE
CAUTION WHERE APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties
set
forth in these Legal Terms; (4) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are
required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use
reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under
any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits
by any means other than electronic means.
26. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
the
fullest extent permissible by law. We may assign any or all of our rights and obligations to others
at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may
have
based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to
execute these Legal Terms.
28. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Epic Business Solutions LLC t/b/a Higher Hosting
2201 Menaul Blvd NE ste a
Albuquerque
, NM
87107
United States
Phone: (+1)5054727385
legal@higher.hosting
Unicorn Platform
