Terms to use
Please read these Terms of Service (“Terms”) carefully before using the http://www.fidelityheight.com website (the “Site”) operated by Fidelity Height LLC (“us”, “we”, or “our”).
Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.
By accessing or using the Site you acknowledge that you have read these Terms and agree to be bound by them. If you disagree with any part of the Terms then you do not have permission to access the Site and must immediately leave and cease all use of the Site.
THE CLIENT AGREES THAT (A) IT IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS AND APPROVAL NECESSARY TO EXPORT THE PRODUCT(S) AND (B) IT SHALL NOT, DIRECTLY OR INDIRECTLY, EXPORT, RE-EXPORT THE PRODUCT(S), ASSOCIATED TECHNICAL DATA, MEDIA OR PRODUCT, TO COUNTRIES TO WHICH EXPORT OR RE-EXPORT IS PROHIBITED UNDER THE EXPORT ADMINISTRATION REGULATIONS OR OTHERWISE CONTRAVENE THE EXPORT ADMINISTRATION REGULATIONS OR OTHER UNITED STATES LAWS AND REGULATIONS GOVERNING THE SAME IN EFFECT FROM TIME TO TIME.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and your account. You agree to accept responsibility for any and all activities or actions that occur under your account, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username any name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Some parts of the Site are billed on a subscription basis (“Subscription”). You will be billed in advance on a recurring and
periodic basis (“Billing Cycle”). The Billing Cycle is set on an annual basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same terms and conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team at [email@example.com].
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including your full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Billing Cycle as indicated on the invoice.
Refund requests for a Subscription may be considered by us on a case-by-case basis and granted in our sole discretion.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability provisions.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described
inaccurately, or unavailable on the Site and we do not guarantee the accuracy, timeliness, or completeness of any information found on the Site.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or looking onto a server or account that you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing,” (d) using the Site to send unsolicited email, (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site, or (f) attempting to modify, reverse-engineer, decompile, disassemble, or
otherwise, reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We, including our subsidiaries, affiliates, and licensors, do not warrant that (a) the Site will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected;
(c) the Site is free of viruses or other harmful components; or (d) the results of using the Site will meet your requirements.
WE HEREBY DISCLAIM ALL WARRANTIES AND ARE MAKING THE SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. WE
SHALL NOT BE LIABLE BY VIRTUE OF ANY WARRANTY, PROMISE OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM ANY LOSS OF DATA RESULTING FROM THE USE OR OPERATION OF THE PRODUCT OR SERVICE, LOSS OF USE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS, WHETHER OR NOT WE WERE APPRISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR OUR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER
MATERIALS OR PRODUCTS PROVIDED TO YOU BY US. OUR LIABILITY SHALL BE LIMITED TO THE ACTUAL COST OF THE PRODUCT OR SERVICE YOU PURCHASED. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT.
Exclusions to Limitation of Liability
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Site and its original content, products, services, features and functionality are and will remain our exclusive property and our licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. Nothing contained on the Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by us or by any third party.
Links to Other Web Sites
Our Site may contain links to third party websites or services that are not owned or controlled by us.
We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
You agree to defend, indemnify and hold harmless us and our licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a)
your use and access of the Site, by you or any person using your account and password, or (b) a breach of these Terms.
Governing Law, Waiver, and Severability
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Service, and supersede and replace any prior agreements between you and us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not
agree to the new terms, you are no longer authorized to use the Site and must immediately leave and cease all use of the Site.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.