ACCEPTANCE OF THE TERMS AND CONDITIONS
Please carefully read these Terms and Conditions ("Terms", "Terms and Conditions") before utilizing the Higher Ground website (the "Service") operated by Higher Ground ("us", "we", or "our"). These terms include disclaimers of warranties, limitations of liabilities, and a class action waiver, along with mandatory arbitration provisions. These Terms apply to all visitors, users, and others seeking to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you do not have permission to access the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we do not have to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
ACCESSING THE WEBSITE
We retain the right to modify or discontinue this Website, along with any service or material provided on it, at our sole discretion without prior notice. We shall not be held liable if, for any reason, the Website or any part of it is unavailable at any time or for any duration. We may limit access to specific sections or the entirety of the Website, including to users, whether registered or not.
You are responsible for:
In order to access the Website or certain resources it offers, you might be requested to provide registration details or other information. It is mandatory for your use of the Website that all information provided is accurate, up-to-date, and complete. By registering with this Website or providing information through interactive features, you acknowledge that you consent to all actions we take in relation to your information.
You may also need to create an account with third-party service providers ("Providers") and/or submit specific information to Providers to access certain or all Services. By doing so, you agree to the terms and conditions of such Providers and recognize that we lack control over your information once submitted to a Provider.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services not owned or controlled by Higher Ground. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of these entities/individuals or their websites. You acknowledge and agree that Higher Ground shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
SOCIAL MEDIA
This section pertains to all individuals engaging with our social media channels, encompassing comment sections, feeds, and other elements of our social media presence visible on platforms such as Facebook, Instagram, Twitter, YouTube, Google+, LinkedIn, or any other external third-party social media platforms we may utilize ("Social Media Presence").
Social media platforms serve as public forums for information exchange, and users should anticipate no privacy expectations while utilizing them. It's important to note that these Terms are not applicable to our Social Media Presence. The sites and platforms hosting our Social Media Presence are beyond our control, each having its own privacy policies and terms of use. User comments and opinions on social media are their own and do not represent our viewpoints.
INTELLECTUAL PROPERTY
The Service and its original content, features, and functionality are and will remain the exclusive property of Higher Ground and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Higher Ground.
LIMITATION OF LIABILITY
In no event shall Higher Ground, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Higher Ground, its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Higher Ground and its licensee and licensors, as well as their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
RETURNS, EXCHANGES, AND REFUNDS
Given state regulations and the perishable nature of numerous products in our inventory, we regret to inform you that we do not provide a return or exchange policy. All sales are considered final, rendering them non-cancelable, non-exchangeable, non-returnable, and non-refundable. We reserve the right to consider exchanges on a case-by-case basis at our sole discretion.
CONTACT US
If you have any questions about these Terms, please contact us.