Terms and Conditions

Please read these terms and conditions of use (the “Agreement”) carefully. This Agreement constitutes a legally binding agreement entered into by and between you (“you”, “your”) and Highspire Coaching and Capital (“Highspire”, “we,” “us,” “our”) and governs access to and use of the [www.highspire.com] (the “Site”)

Highspire is committed to protecting the privacy of your Personal Information (as defined below) collected through the use of our services. To learn more about and understand our data collection practices, please see our Privacy Policy at www.highspire.com/privacy (the “Privacy Policy”). By accessing or using the Site, you agree that Highspire can collect and use your Personal Information in accordance with our Privacy Policy

BY ACCESSING OR USING THE SITE (REGARDLESS OF WHETHER YOUR ACCESS OR USE IS INTENDED), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE PRIVACY POLICY, AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS.

Highspire reserves the right, in our sole discretion, to modify and update this Agreement at any time, without notification to you. Any and all such modifications are effective immediately upon being posted to the Site or related apps. It is your responsibility to ensure that you are aware of the current Agreement when you access or use the Site. Your continued use of the Site after any such changes come into effect will constitute your acceptance of such changes. Before you continue, you should print or save a local copy of this Agreement for your records.

USE AND ACCESS

2.4 Internet Security Disclaimer. You acknowledge and agree that Highspire exercises no control over, and accepts no responsibility for, any content passing through the internet or for internet connectivity outside of Highspire’s control. You acknowledge that the internet is inherently risky despite reasonable measures being taken, and you assume responsibility for access to the Site over the Internet.

2.5 Limitation, Suspension or Termination of Access. In addition to other rights and remedies of Highspire under this Agreement, Highspire reserves the right at any time to limit, suspend or terminate the your access to or use of the Site, or any part thereof, in Highspire’s sole discretion, without notice for the following reasons:

  • (a) to prevent damage to, or degradation of the integrity of, Highspire or the  Site or any related systems or platforms of Highspire;
  • (b) comply with any law, regulation, court order or other governmental request or order;
  • (c) otherwise protect Highspire from harm to its reputation or business; or
  • (d) for failure to comply with this Agreement or any special terms related any other agreements entered into between you and Highspire.

We also reserve the right, in our sole discretion, to

  • (e) modify, suspend, discontinue offering or make changes to the Site in whole or in part, including any of our content, at any time, for any reason or no reason, with or without notice to you; or
  • (f) interrupt access to the Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction or other modifications.

No Unlawful Or Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these terms, conditions, and notices.  Mining, framing, scraping, extraction or other collection or collation of the content of the Site in any form and by any means whatsoever is strictly prohibited.

You may not use or reproduce the contents of the Site. We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation or warranty as to the completeness, accuracy, product or service suitability, or currentness of any information on this Site. In addition, we may make changes in information without notice.

8. OWNERSHIP

8.1 Highspire Intellectual Property.

Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of Highspire or its affiliates. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of Highspire.

Title and full ownership of the Highspire intellectual property including trademarks will at all times remain with Highspire. Highspire reserves all rights, title and interests in and to the Intellectual property  and nothing in this Agreement grants, by implication, estoppel, or otherwise, any intellectual property rights or other right, title or interest in or to the Highspire to you or any other party.

8.2 Feedback. We welcome any comments you may have regarding Highspire, the Site and services. Any comments you submit to us through our Site, such as remarks, suggestions, ideas, graphics, or other information (the “Feedback") becomes and remains our exclusive property, even if this Agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential.

You hereby grant Highspire a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use, disclose or exploit any suggestions, ideas, enhancement requests, corrections, recommendations or other feedback provided by you. Highspire is not required to consider or implement any Feedback.

We will not pay you or anyone else for Feedback or any information that you provide which is used by us.

Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright. Such submissions may not contain any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injuries to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” By submitting or sending submissions to us you represent and warrant that the submissions are original to you and that no other party has any rights to the submissions.

9. COPYRIGHT POLICY

9.1 Infringing Intellectual Property. Highspire respects the Intellectual Property Rights of others . We will respond to notices of alleged copyright infringement that are properly provided to us and comply with applicable law. If you believe that anything on the Site infringes any copyright that you own or control, please provide us with the following information:

  • (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • (b) identification of the copyrighted work claimed to have been infringed;
  • (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • (d) your contact information, including your address, telephone number, and an email address;
  • (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11. DISCLAIMER OF WARRANTIES

THE SERVICES ARE MADE AVAILABLE ON AN “AS IS”, “WHERE AS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. HIGHSPIRE HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING USAGE OR TRADE. WITHOUT LIMITATION, THE CONTENT ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND HIGHSPIRE DOES NOT WARRANT THAT:

  • (a) THE SITE AND RELATED SERVICES ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS;
  • (b) THE SITE AND RELATED SERVICES ARE OR WILL REMAIN FREE OF DEFECTS, HARMFUL CODE, VIRUSES OR MALWARE;
  • (c) THE SITE AND RELATED SERVICES ARE OR WILL REMAIN FREE FROM INTERRUPTION;
  • (d) THE SITE AND RELATED SERVICES ARE OR WILL BE ERROR-FREE; OR
  • (e) ANY ISSUES WITH THE SERVICES WILL BE CORRECTED.
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Links To Third Party Websites

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Highspire and Highspire is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Highspire is not responsible for webcasting or any other form of transmission received from any Linked Site. Highspire is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Highspire of the Linked Site or any association with its operators.

LIMITATIONS OF LIABILITY

Highspire does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from the Site. In no event will Highspire or any of it’s respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data, business interruption, loss of goodwill or any other intangible losses) arising out of the use, inability to use, or the results of use of this Site, any Sites linked to this Site, or the materials, information or services contained on any or all such Site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In the event of any problem with this Site or any content, you agree that your sole remedy is to cease using this Site.

INDEMNIFICATION

You agree to defend, indemnify and hold Highspire its employees, agents and other representatives harmless from any and all liabilities, costs and expenses, including reasonable legal fees, arising from any act or omission, or violation of these Terms of Use, by you or in any way connected with your access to or use of the Site.

WAIVER

Highspire’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights contained in these Terms of Use.

GOVERNING LAWS

The provincial laws of British Columbia and the federal laws of Canada that apply in British Columbia shall govern these Terms of Use. You agree to be bound by the laws of these jurisdictions and all disputes relating to or in any way arising under these terms and conditions will be finally settled in, and the parties hereby attorn to jurisdiction of the courts of British Columbia sitting in the City of Victoria, British Columbia.

SEVERABILITY

If any provision of this Agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. This is the entire Agreement regarding all the matters that have been discussed in the preceding paragraphs.

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