Access to and Use of the HIGH5 Strengths Test.
You acknowledge and agree that the HIGH5 test, the immediate report of strengths provided upon completion of the test, as well as the more extensive reports (all three referred to as “HIGH5 Materials”) are intended to provide information only and are solely for your personal, non-commercial use. You may not sublicense, transfer, or otherwise make available any of the HIGH5 Materials to any third party for commercial purposes without a corresponding agreement between you and HIGH5. You may not modify any HIGH5 Materials without first obtaining written permission from HIGH5.
The HIGH5 Materials are proprietary to HIGH5 and its third-party content providers are protected by intellectual property laws including, without limitation, copyright and trademark law. You may not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the HIGH5 Materials. Except for the limited use rights granted to you in these Terms and Conditions, you shall not acquire any right, title or interest in the HIGH5 Materials. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
Disclaimer of Warranties.
The HIGH5 Materials are provided on an “as-is” basis without warranty of any kind. Access to the HIGH5 test is provided on an “as available” basis. HIGH5, and its employees, parent company, partners, successors, agents, content providers, affiliates, subsidiaries, and their related companies disclaim any and all warranties relating to the HIGH5 materials, whether express or implied including, without limitation, any (1) warranties of title, merchantability, fitness for a particular purpose, or non-infringement; and (2) warranties concerning the availability, accuracy, security, usefulness, or informational content in the HIGH5 materials. HIGH5 cannot guarantee and does not promise any specific results from use of the HIGH5 Materials.
Limitation or Liability.
In no event will the HIGH5 be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected the HIGH5 Materials, even if HIGH5 is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the HIGH5’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to HIGH5 during the preceding twelve (12) month period preceding your claim; or (b) one hundred dollars ($100).
Termination of Access.
HIGH5 reserves the right to suspend or terminate your access to the HIGH5 Materials without prior notice or liability, provided that HIGH5 will refund any amounts paid by you for reports which you have not yet received.
Delivery & Refund Policy.
Please refer to Delivery & Refund Policy outlined here.
These Terms and Conditions constitute the entire agreement between you and HIGH5 regarding the HIGH5 Materials, superseding any prior agreements between you and HIGH5 relating to the HIGH5 Materials. The failure of HIGH5 to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue in full force and effect. You shall not assign these Terms and Conditions or assign any rights or delegate any of your obligations hereunder, in whole or in part, without the prior written consent of HIGH5. Any such purported assignment or delegation by you without prior written consent of HIGH5 will be null and void and of no force and effect. HIGH5 may assign these Terms and Conditions or any rights hereunder without your consent and without notice.
If you have any questions about these Terms and Conditions or HIGH5 Materials please contact us at hello(at)high5test.com