Last Updated: November 30, 2017
The website www.hightoweraccess.com (hereinafter "the Site"), is owned and operated by Hightower Group LLC (“Hightower,” “we,” or “us”). The Site provides information regarding products offered by Hightower and the ability for interested customers to request a pricing quote or other information from Hightower (the “Services”).
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Hightower’s, its licensors’, or the Site’s other user’s intellectual property rights. Hightower provides CAD files, images of the products, and videos (“Product Information”) on the Site and grants you a limited license to make a copy, publicly display, and distribute Product Information as included in a design plan or project specification, and solely for your personal or internal business purposes. Except as otherwise provided herein, you may not otherwise copy, distribute, or publicly display Product Information for any other purpose or in any other public forum without the written consent of Hightower or the respective owner, including public forums such as other websites, web services, or print publications. You may post images provided on the Site on public websites that provide a forum for users to identify products and designs they appreciate or are considering, such as Pinterest or Houzz, as long as you identify Hightower as the source of the image. Hightower or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Requesting a Quote
The Site provides an interface for you to request a quote from Hightower. The quote will be based upon information you provide and, therefore, Hightower shall not be responsible for errors in the quote based upon information you provide. Hightower makes every effort to ensure the quotes are accurate, however, because of the limits in the scope of communication of the initial quote request, the quote is only an estimate of expected cost of products and the final price shall not be set until the parties execute a purchase order. Moreover, any pricing shown in the Site shall be subject to change at any time in Hightower’s sole discretion.
Your Communications to the Site
The following activities are expressly prohibited from the Site:
- Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
- Posting false, misleading, or fraudulent statements or content.
- Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
- Collecting personal information of other users of the Site without that user’s consent.
- Engaging in activity that compromises the Site. Such activity may include, but is not limited to, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
- Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
- Framing or deep linking into the Site.
- Accessing the Site by means of automated process, spiders, bots, or similar device.
Federal and State Laws
The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by Hightower, you must obey all applicable federal, state, and local laws.
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN, THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT PROVIDED BY LAW, HIGHTOWER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PROVIDED BY LAW, HIGHTOWER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
BY PROVIDING THE SERVICES ON THE SITE, HIGHTOWER DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. HIGHTOWER IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.
Limitation of Liability
THE LIABILITY OF HIGHTOWER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100).
IN NO EVENT WILL HIGHTOWER BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA OR OTHERWISE, EVEN IF HIGHTOWER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Hightower exercises no control. Hightower expressly disclaims any responsibility for the content or results from your use of such third-party websites.
Hightower respects the intellectual property of others. If you believe that your work has been copied in away that constitutes copyright infringement, please provide Hightower’s copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Hightower’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Hightower Group LLC
Attn: Privacy Office
P.O. Box 520
Jamestown, NC 27282
Website Availability. HIGHTOWER CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH HIGHTOWER STRIVES TO PROVIDE THE MOST RELIABLE WEBSITE REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND HIGHTOWER DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Hightower does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Hightower Group LLC
Attn: Privacy Office
P.O. Box 520
Jamestown, NC 27282