highermood.com Terms of Use

 

Web Site Terms and Conditions of Use

 

1. Terms

By accessing this web site, you are agreeing to be bound by these web site (henceforth also refered to as "the Site")Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

 

2. Use

License Permission is granted to temporarily download one copy of the materials (information or software) on Higher Mood's web site (the Site) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

-modify or copy the materials;

-use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

-attempt to decompile or reverse engineer any software contained on Higher Mood's web site (the Site); -remove any copyright or other proprietary notations from the materials; or

-transfer the materials to another person or "mirror" the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Higher Mood at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

a) We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b) The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.

c) You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users’ materials.

d) Each writer is solely responsible for the content of his or her articles. We do not undertake responsibility for screening or monitoring our writers’ materials. The opinions expressed by the writers are their own and are not our opinions or endorsed by us.

e) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a "third-party site"). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

f) We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members writers.

g) Some of the material on this Site may be provided by Higher Mood and it's staff. You accept that Higher Mood and it's staff disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that Higher Mood may rely on your acceptance of such disclaimers and limits.

h) Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.

4) Indemnification. You shall indemnify and defend us, and our officers, employees, consultants and trainers against any costs, expenses (including reasonable attorneys' fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.

5) Limits of Liability.

A) NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B) THE LIABILITY OF US AND ANY OF OUR STAFF, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF US$100 OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.

C) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.

 

6. Revisions and Errata

The materials appearing on Higher Mood's web site could include technical, typographical, or photographic errors. Higher Mood does not warrant that any of the materials on its web site are accurate, complete, or current. Higher Mood may make changes to the materials contained on its web site at any time without notice. Higher Mood does not, however, make any commitment to update the materials.

 

7. Links and Advertisements

Higher Mood has not reviewed all of the sites and advertisements linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link or advertisement does not imply endorsement by Higher Mood of the site. Use of any such linked web site or product advertised on the Site is at the user's own risk.

 

8. Site Terms of Use Modifications

Higher Mood may revise these terms of use for its the Site at any time without notice. By using the Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

9. Governing Law

Any claim relating to Higher Mood's web site shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.

 

These are the General Terms and Conditions applicable to Use of this Web Site.