Effective: February 5, 2020.
We reserve the right to modify these Terms at any time at our sole discretion. By accessing the Services after any such modifications, you are agreeing to such modifications. We suggest that you return to this page periodically to familiarize yourself with the most current version of these Terms.
Using Highako (User conduct)
USE OF THE SERVICES BY ANYONE UNDER THE AGE OF 13 IS STRICTLY PROHIBITED
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your use of the Services. You agree that you will use the Services only for lawful purposes and in compliance with all applicable local, state, national and international laws, rules and regulations, including copyright laws.
You agree not to access or attempt to access any other user’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your past or current affiliations with a person or entity.
You agree not to use or access the Services to solicit business in connection with a commercial enterprise. You agree not to collect or harvest any personal data of any user of the Services. You agree not to post, upload, send, email, transmit or otherwise distribute any advertising, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spam or other bulk communications of any kind.
You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict access, use or copying of the Services, including any training modules or other content. You also agree not to knowingly upload or transmit any data or content that contains viruses, trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware, malware or any other harmful programs or similar computer code, and you agree not to use any automated means to access the Services (including without limitation robots, spiders or scripts).
Licence to use
Subject to these Terms, we grant you a fully revocable, limited, non-exclusive, personal, non-transferable, and non-sublicensable license to use our Services. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Highako University, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in the Services or the content you access.
You must abide by all copyright notices or restrictions contained in the Services. You may not delete any attributions, legal or proprietary notices contained in the Services If you are a copyright owner and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Highako University with a notice of an infringement, you must provide a written communication to email@example.com with the subject of “DMCA Infringement Notification” that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Intellectual Property Rights
Except for your User Content, the Services and all content contained therein, including without limitation videos, audio, music, images, text, graphics, photographs, illustrations, logos, patents, trademarks, service marks, copyrights, software, and User Content belonging to other users (the “Highako Content”), and all intellectual property rights related thereto, are the exclusive property of Highako University and its licensors (including other users who submit User Content to the Services). Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, use, distribute, copy, reproduce, modify, adapt, publish, publicly perform, publicly display, create derivative works of or otherwise exploit any Highako Content.
You may not use any names, logos, or seals, or any variations thereof (collectively, “Trademarks”), without the owner's prior written consent. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without the written permission of the owner of the applicable Trademark. Accounts that mislead others or violate another's Trademark may be updated, suspended, disabled, or terminated by Highako University in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at firstname.lastname@example.org, and we will review your complaint.
We welcome any suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By receiving Feedback, Highako University does not waive any rights to use similar or related Feedback previously known to Highako University, developed by its employees or contractors, or obtained from other sources.
The Services may allow users to submit content such as profile information, comments, questions, ratings, training modules and other content or information (any such materials submitted by a user, “User Content”). You are not required to provide any User Content in connection with your use of the Services (other than your profile information to create an account) and the provision of any User Content is solely at your sole risk and discretion. Other than as expressly stated in this section, you retain all rights to the User Content you create. Highako University has the right (but not the obligation) in its sole discretion to remove any User Content.
By submitting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Highako University an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to sell, license, rent, use, distribute, copy, reproduce, modify, adapt, publish, publicly perform, publicly display, create derivative works of or otherwise exploit your User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, display, reproduce and perform such User Content solely as permitted through the Services in accordance with these Terms.
Change and Termination of Services
You acknowledge and agree that the Services which we provide may change from time to time and that we may terminate your use of all or any part of the Services for any or no reason at our sole discretion and without prior notice. If you no longer wish to use our Services, you may terminate your use at any time. The rights granted to you under these Terms will terminate upon any termination of your right to use the Services, but the other provisions of these Terms will survive any such termination.
Disclaimer of Warranties
While we endeavor to ensure that the Services, including the training modules and other content, are of the highest standard, you understand and acknowledge that the Services may contain content that is factually inaccurate or objectionable to you.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HIGHAKO UNIVERSITY AND HIGHRADIUS CORPORATION AND ITS AFFILIATES (COLLECTIVELY, THE “HIGHAKO PARTIES”) SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE
OF DEALING OR USAGE OF TRADE. THE HIGHAKO PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HIGHAKO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, IN EACH CASE WHETHER INCURRED DIRECTLY OR INDIRECTLY AND WHETHER FORESEEABLE OR UNFORESEEABLE, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE HIGHAKO PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL THE HIGHAKO PARTIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE HIGHAKO PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO HIGHAKO UNIVERSITY'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the Highako Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
You agree that these Terms and any claim or dispute arising out of or relating to the Terms or the Services are and will be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Harris County, Texas, U.S.A. You hereby consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack
of proper jurisdiction or venue or inconvenience of forum).
Waiver and Severability
The failure of Highako to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms shall remain in full force and effect.
These Terms constitute the entire agreement between you and Highako University with respect to your use of the Services and supersede any prior agreements between you and Highako University regarding your use of the Services.