Effective as of January 2012
1. LICENSE GRANT. The Highland Group Web Site is provided by The Highland Group, and this TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to use for personal or internal business purposes only the Highland Group Web Site and to review the materials displayed on the Highland Group Web Site conditioned in each case on your continued compliance with the terms and conditions of this TOU.
2. RESTRICTIONS. The foregoing license is limited. You may not use, store, reproduce, display, modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner or for any purpose not expressly permitted herein the Highland Group Web Site.
3. PROPRIETARY RIGHTS. You expressly acknowledge and agree that The Highland Group transfers no ownership or intellectual property interest or title in or to the Highland Group Web Site to you or anyone else. All text, graphics, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Highland Group Web Site, unless otherwise indicated, are owned, controlled, and licensed by The Highland Group or its licensors. Except as expressly provided herein, The Highland Group reserves all other rights express or implied. This Highland Group Web Site is Copyright © 2012 The Highland Group and/or its licensors. The Highland Group also owns a copyright in the contents of the Highland Group Web Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Highland Group Web Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Highland Group Web Site and all patents, trademarks, copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by The Highland Group. THE HIGHLAND GROUP and all other names, logos, and icons identifying The Highland Group and its programs, products, and services are proprietary trademarks of The Highland Group, and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of The Highland Group is strictly prohibited. Other service and entity names mentioned on the Highland Group Web Site may be the trademarks and/or service marks of their respective owners.
4. DISCLAIMER. THE HIGHLAND GROUP WEB SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ALTHOUGH THE HIGHLAND GROUP USES COMMERCIALLY REASONABLE EFFORTS TO REVIEW THE INFORMATION DISPLAYED ON OR AVAILABLE THROUGH THE HIGHLAND GROUP WEB SITE, THE HIGHLAND GROUP DOES NOT MAKE ANY GUARANTEE REGARDING THE ACCURACY, LEGALITY, OR COMPLETENESS OF ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE HIGHLAND GROUP WEB SITE. IN PARTICULAR, THE INFORMATION PRESENTED ON THE HIGHLAND GROUP WEB SITE IS NOT INTENDED TO SERVE BY ITSELF AS LEGAL OR PROFESSIONAL ADVICE. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION AND MATERIALS AVAILABLE ON THE HIGHLAND GROUP WEB SITE. MOREOVER, THE HIGHLAND GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. THE HIGHLAND GROUP ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE HIGHLAND GROUP WEB SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES.
5. LINKS TO OTHER SITES. The Highland Group may provide links, in its sole discretion, to other sites on the Internet. These sites are maintained by third parties over whom The Highland Group exercises no control. Accordingly, and in addition to the foregoing disclaimer, The Highland Group expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement by The Highland Group with respect to any third party or any Web site or the products or services provided by any third party.
6. LIMITATION OF LIABILITY. You expressly absolve and release The Highland Group from any claim of harm resulting from a cause beyond The Highland Group's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL THE HIGHLAND GROUP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE HIGHLAND GROUP WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HIGHLAND GROUP WEB SITE, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE HIGHLAND GROUP WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE HIGHLAND GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE HIGHLAND GROUP FOR ANY REASON WHATSOEVER RELATED TO USE OF THE HIGHLAND GROUP WEB SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE HIGHLAND GROUP IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
7. GOVERNING LAW. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Texas, U.S.A. as applied to agreements entered into and completely performed in the State of Texas. You and The Highland Group each agree to submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Texas for any disputes between us under or arising out of this TOU. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against The Highland Group must be brought within two (2) years after the cause of action arises, or you agree that such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed.
8. TERM AND TERMINATION. This TOU and your right to use the Highland Group Web Site will take effect at the moment you install, access, or use the Highland Group Web Site and is effective until terminated as set forth below. This TOU will terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOU at any time by ceasing to use the Highland Group Web Site, but all applicable provisions of this TOU will survive termination, as identified below. Upon termination and with in a reasonable time thereafter, you must destroy all copies of any aspect of the Highland Group Web Site in your possession or under your control. In addition to the miscellaneous section below, the provisions concerning The Highland Group's proprietary rights, proprietary restrictions, disclaimers of warranty, limitations of liability, and governing law will survive the termination of this TOU for any reason.
9. MISCELLANEOUS. You acknowledge that any breach, threatened or actual, of this TOU that has any detrimental effect on The Highland Group’s interests, assets, or goodwill will cause irreparable injury to The Highland Group, such injury would not be quantifiable in monetary damages, and The Highland Group would not have an adequate remedy at law. You therefore agree that The Highland Group shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that The Highland Group post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to The Highland Group to enforce any provision of this TOU. The parties agree that this TOU is for the benefit of the parties hereto as well as The Highland Group's licensors. Accordingly, this TOU is personal to you, and you may not assign your rights or obligations to any other person or entity without The Highland Group's prior written consent. Failure by The Highland Group to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by The Highland Group of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this TOU is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation or law, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and The Highland Group as result of this TOU or your utilization of the Highland Group Web Site. Headings herein are for convenience only. This TOU represents the entire agreement between you and The Highland Group with respect to use of the Highland Group Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and The Highland Group with respect to the Highland Group Web Site. Unless otherwise agreed to by The Highland Group, please note that The Highland Group reserves the right to change the terms and conditions of this TOU and the manner under which the Highland Group Web Site (and its functionality) is extended to you by providing you notice or a copy of such revised terms. The Highland Group may also change or modify any aspect of the Highland Group Web Site. Your continued use of the Highland Group Web Site will be conclusively deemed acceptance of any change to this TOU or the Highland Group Web Site.