Effective Date: September 9, 2022
Please read these terms (“Terms”) carefully because they are a binding agreement between you (“You”) and Highspot, Inc. (“Highspot” or “we”, “us”, “our”) that You form by accessing any area of highspot.com or any areas of sites that link to these Terms (“Site”). Your continued access or use of the Site following changes to these Terms will constitute your acceptance of any changes to our Terms. These Terms include a choice of Washington state law and provides for dispute resolution in the courts located in King County, Washington.
By accessing the Site, you warrant that you are at least 18 years old.
1. Accessing and Using Our Site
We reserve the right to amend, update and withdraw the Site, and any service or content we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Any accounts you create are personal to you and you must not provide any other person with access to this Site or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You are prohibited from using the Sites in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).
When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
2. Site Content and Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Site. The licenses granted by us terminate if you do not comply with these Terms.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, you are prohibited from accessing the Site and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are retained by us or our licensors or other rights holders. Any use of the Site not expressly permitted by these Terms is a breach of these Terms. You must not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site unless authorized under these Terms.
You must not use our name, marks, logos, or related names, logos, product and service names, designs, or slogans without our prior written permission.
Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Highspot has adopted a policy of terminating, in appropriate circumstances and at Highspot’s sole discretion, individuals who are deemed to be repeat infringers. Highspot may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on or in the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: DMCA Copyright Agent
Full Address of Designated Agent to Which Notification Should be Sent: 2401 Fourth Avenue, Suite 800, Seattle, WA, 98121; Telephone Number of Designated Agent: (206) 535-2855; Facsimile Number of Designated Agent: (206) 535-2865; E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.
You should note that if You knowingly misrepresent in Your notification that the material or activity is infringing, You will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Site. You can only post Content if you own all the rights to that Content, or if another rights holder has given You permission. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive), royalty free, and fully sub licensable right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use Your Content. Without those rights, we couldn’t offer our Site. Please note that this license continues even if you stop using our Sites.
You represent and warrant that:
- You own or control all rights in and to the Content and have the right to grant the license granted above.
- All of Your Content does and will comply with these Terms.
You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Although Highspot has and assumes no obligation to screen, edit, or monitor any of the Content posted to the Sites, Highspot reserves the right, and has absolute discretion, to remove, screen, or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Enforcement of the Content or conduct rules set forth in these Terms is solely at Highspot’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member. You acknowledge and agree that Highspot is not responsible or liable in any manner for any third-party content and undertakes no responsibility to update or review any third-party content. Similarly, we are not responsible for any third-party content you access with the Sites, and you irrevocably waive any claim against us with respect to such sites and third-party content.
If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Site, and take appropriate legal actions.
4. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You must not use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose them to liability.
- To transmit, post, publish or send any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
- To express or imply that we endorse any statement or posting you make, or any products or services you may offer.
Additionally, you must not:
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Remove any copyright, trademark or other proprietary rights notices from the Site or from materials originating from the Site.
5. Enforcement and Termination of Site Use
We have the right to remove or refuse to post any User Content for any reason in our sole discretion. In addition, we have the right to:
- Disclose your identity or other information about you (1) to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy and (2) as applicable to cooperate with any law enforcement authorities or court order.
- Take appropriate legal action for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any reason.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, costs, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of your use of or activities in connection with the Site or any allegation that User Content from you infringes or violates the intellectual property rights of others, or that otherwise arises out of your violation of these Terms.
7. Marketing and Promotions; Third-Party Products and Services
Highspot may participate in marketing and promotions with third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Highspot does not endorse or make any representations or warranties regarding any third-party products, services, promotions, or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. Highspot is not responsible or liable in any manner for any third-party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings, or promotions or as the result of the presence of such third parties or third-party information on the Site.
8. Social Networks
The Sites may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While Your use of the Social Network Features is governed by these Terms, Your access and use of third-party social networking sites is governed by the Terms and other agreements posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
9. Disclaimer of Warranties and Limitation of Liability
Other than as expressly set out in these terms, neither Highspot, inc. Nor its agents or service providers (the “services entities”) make any specific promises about the sites. For example, we don’t make any commitments about the content within the sites, the specific function of the sites, or their reliability, availability, or ability to meet your needs. We provide the sites “as-is.” some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties.
Except where prohibited by law, Highspot shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the sites or any third party’s use of the sites. These exclusions include, without limitation, damages for lost profits, lost data, computer failure, or the violation of your rights by any third party, even if the services entities have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.
10. No Waivers, Governing Law and Additional Details
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any term or condition in these Terms is deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
The Site is operated by Highspot, Inc located at 2211 Elliott Ave Suite 400. Seattle, WA 98121
These Terms are governed by and construed in accordance with the laws of the State of Washington, USA, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Sites resides in the courts located in King County, Washington, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
Questions or comments about the Site may be directed to Highspot at firstname.lastname@example.org.