Terms of Service
Highest Vibrations Terms of Service (001-2403)
The Services (as defined herein) are provided to you by Highest Vibrations, Inc. ("us" or "Company"). Throughout the site, the terms "we", "us" and "our" refer to The Company. The Company offers the services, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, utilizing any communication services or tools or any other services provided by us, or by engaging in commerce with any other users of our site, you engage in our "Services" and you agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
PLEASE CAREFULLY READ AND MAKE SURE YOU UNDERSTAND THE "ARBITRATION AND WAIVER OF CLASS ACTIONS" PROVISION SET FORTH IN THESE TERMS OF SERVICE, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.
Section 1 - Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your access to and use of the Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time in our sole, reasonable discretion. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness and Timeliness of Information
We do not warrant or guarantee the accuracy, completeness or currency of the information made available on in these Terms of Service. The material herein is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material herein is at your own risk.
Section 4 - Modifications to the Services and Prices
Prices, fees payable, and any other consideration required to be paid in connection with your usage of our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Section 5 - Services
We reserve the right to limit the sales of, or access to, our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Services are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us.
Section 7 - Personal Information
Your submission of personal information in connection with our provision of the Services is governed by our Privacy Policy. Please review our Privacy Policy.
Section 8 - Errors, Inaccuracies and Omissions
Occasionally there may be information published by us that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, charges, and availability with respect to the Services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information published by us at any time without prior notice.
Section 9 - Prohibited Uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using Services:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose.
Section 10 - Disclaimer of Warranties; Limitation of Liability
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL SERVICES DELIVERED TO YOU ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Section 11 - Indemnification
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, successors and assigns from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service.
Section 12 - Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
Section 13 - Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice.
Section 14 - Waiver
No waiver by us of any term, condition or provision set out in these Terms of Service shall be deemed a further or continuing waiver of such term, condition or provision or a waiver of any other term, condition or provision.
Section 15 - Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, U.S.A without giving effect to any choice or conflict of law provision or rule.
Section 16 - Arbitration and Waiver of Class Actions
YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE DETERMINED BY ARBITRATION BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Section 17 - Entire Agreement
These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements.
Section 18 - Contact Information
Questions about the Terms of Service should be sent to us at privacytos@letsvibe.love