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Our Privacy Policy
What We Do To Protect You
At Highlands Pass, we find that the best way to protect you on
the Internet is to inform you how we use the information you provide
and how we protect your information. We do not sell or rent your
personal information to others. We may share non-personal aggregate
or summary information with advertisers or other third parties.
What information do we collect? How do we use it?
When you order anything from us online, we need to know your name,
shipping address, credit card number and expiration date, daytime
telephone number and if you are ordering for someone else, their
name, address and daytime telephone number. This allows us to
process and fulfill any of your online orders and to telephone
you if we have a question on your order.
When you enter a contest or other promotional feature or respond
to a questionnaire, we may ask you for your name, sex, age, annual
income, how you learned about our service and your email address.
We will use your email address to administer the contest and notify
winners. The rules for each contest describe in further detail
the manner in which we use the personal information that you provide
in connection with that contest.
> We may also use the information we collect to notify you
from time to time about new services and special offers we think
you will find valuable.
How do we protect customer information?
When you place orders or access your account information, we offer
the use of a secure server. The secure server software encrypts
all information you input before it is sent to us. Furthermore,
all of the customer data we collect is protected against unauthorized
access.
What about "cookies"?
"Cookies" are small pieces of information that are stored
by your browser on your computer's hard drive. Most web browsers
automatically accept cookies, but you can usually change your
browser to prevent that. We only use cookies to (i) keep track
of your order when you visit the site; (ii) tell us whether you
have visited our site previously; and (iii) help us determine
whether you came from a particular site or advertisement.
Your Consent
By using our website, you consent to the collection and use of
this information by Highlands Pass. If we decide to change our
privacy policy, we will post those changes on this page so that
you are always aware of what information we collect, how we use
it, and under what circumstances we disclose it. |
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Terms
of Use
PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent
to these terms of use. If you do not agree to these terms of use,
please do not use the site. We reserve the right, at our discretion,
to change, modify, add, or remove portions of these terms at any
time. Please check these terms periodically for changes. Your continued
use of Highlands Pass (HP) following the posting of changes to these
terms (including the HP Privacy Policy) will mean you accept those
changes.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by HP (referred to as "HP,"
"we," "us," or "our" herein). No material
from HP or any Website owned, operated, licensed, or controlled
by HP may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download
one copy of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials or
use of the materials for any other purpose is a violation of HP's
copyright and other proprietary rights. For purposes of these terms,
the use of any such material on any other website or networked computer
environment is prohibited. All trademarks, service marks, and trade
names are proprietary to Highlands Pass, Inc.
In the event you download software from the site, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software") are licensed to you by HP. HP does not transfer
title of the Software to you. You own the medium on which the Software
is recorded, but HP retains full and complete title to the Software,
and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse engineer, disassemble, or otherwise reduce
the Software to any human perceivable form.
SUBMISSIONS
If at our request you send certain specific submissions (e.g., postings
to chats, message boards, or contests) or, despite our request that
you not send us any other creative materials, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall
be deemed, and shall remain, the property of HP. None of the Submissions
shall be subject to any obligation of confidence on the part of
HP, and HP shall not be liable for any use or disclosure of any
Submissions. Without limitation of the foregoing, HP shall exclusively
own all now known or hereafter existing rights to the Submissions
of every kind and nature throughout the universe and shall be entitled
to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or email function
offered as part of HP. You shall not upload to, distribute through,
or otherwise publish through HP any content that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable that would
constitute or encourage a criminal offense, violate the rights of
any party, or otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall
not, without our express approval, distribute or otherwise publish
any material containing any solicitation of funds, promotion, advertising,
or solicitation for goods or services. You specifically acknowledge
that soliciting other HP guests to join or become members of any
commercial online service or other organization is expressly prohibited.
It is our policy to respect the privacy of all guests. Therefore,
in addition to the privacy of Registration data (see our Privacy
Policy), we will not monitor, edit, or disclose the contents of
a guest's email unless required in the course of normal maintenance
of HP and its systems or unless required to do so by law or in the
good faith belief that such action is necessary to: (1) comply with
the law or comply with legal process served on HP; (2) protect and
defend the rights or property of HP; or (3) act in an emergency
to protect the personal safety of our guests or the public. Guests
shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials
to us, you automatically grant (or warrant that the owner of such
rights has expressly granted) us a perpetual, royalty free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, and distribute
such materials or incorporate such materials into any form, medium,
or technology now known or later developed throughout the universe.
In addition, you warrant that all so-called moral rights in those
materials have been waived.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented
solely for the purpose of promoting programs, films, and other products
available in the United States and its territories, possessions,
and protectorates. This site is controlled and operated by HP from
its offices within the State of Georgia, United States of America.
HP makes no representation that materials in the site are appropriate
or available for use in other locations. Those who choose to access
this site from other locations do so on their own initiative and
are responsible for compliance with local laws, if and to the extent
local laws are applicable. Software from this site is further subject
to United States export controls. No software from this site may
be downloaded or otherwise exported or re-exported: (i) into (or
to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
TERMINATION
These terms are effective until terminated by either party. You
may terminate these terms at any time by destroying all materials
obtained from any and all HP site(s) and all related documentation
and all copies and installations thereof, whether made under these
terms or otherwise. These terms will terminate immediately without
notice from HP if in HP's sole discretion you fail to comply with
any term or provision. Upon termination, you must destroy all materials
obtained from this site and any and all other HP site(s) and all
copies thereof, whether made under these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HP DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. HP DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT HP) ASSUME THE ENTIRE COST
OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Further, HP explicitly disclaims any responsibility for the accuracy,
content, or availability of information found on sites that link
to or from HP from third parties not associated with HP. HP encourages
discretion when browsing the Internet using our or anyone else’s
service. Because some sites employ automated search results or otherwise
link you to sites containing information that may be deemed inappropriate
or offensive, HP cannot be held responsible for the accuracy, copyright
compliance, legality, or decency of material contained in third-party
sites, and you hereby irrevocably waive any claim against us with
respect to such sites.
HP cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to
or from HP, since other shop channels are owned and operated by
independent retailers. HP does not endorse any of the merchandise,
nor has HP taken any steps to confirm the accuracy or reliability
of any of the information contained in such third-party sites. HP
does not make any representations or warranties as to the security
of any information (including, without limitation, credit card and
other personal information) you might be requested to give any third-party,
and you hereby irrevocably waive any claim against us with respect
to such sites. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL HP BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN
THIS SITE, EVEN IF HP OR A HP AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL HP'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent.
OTHER
These terms shall be governed by and construed in accordance with
the laws of the State of Georgia, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity
arising out of or relating to these terms shall be filed only in
the state or federal courts located in Fulton County and you hereby
consent and submit to the personal jurisdiction of such courts for
the purposes of litigating any such action. If any provision of
these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and
shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to
the subject matter herein and shall not be modified except in writing
signed by both parties. |
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