Thank you for visiting High Street Market. The Terms of Use listed in this document
apply to the highstreetmarket.com website (the Site). The Site is the property of
High Street Market. By using this Site, you agree to these Terms of Use. If you do not
agree with everything in this document, please do not use this Site.
High Street Market reserves the right, at its sole discretion, to change any
portions of these Terms of Use at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, High Street Market grants you a
non-exclusive, non-transferable, limited privilege to enter and use the
Site.
Use of the Site
You may not attempt to gain unauthorized access
to any portion or feature of the Site. You cannot supply false information about
your identity and you may not act as a representative of another person or
entity. Use of the Site in any manner that may be construed as unlawful or
prohibited by these Terms of Use is strictly prohibited. Indemnification: You
agree to defend, indemnify and hold High Street Market harmless from and against any
and all claims, damages, costs and expenses, including attorneys’ fees, arising
from or related to your use of the Site.
Security and Privacy
Policy
The High Street Market Privacy Policy applies to use of the Site. We consider
your privacy of great importance. High Street Market uses commercially accepted
security measures to help protect your information. With this stated, by using
the Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information you
send to the Site may be read or intercepted by others, even if there is a
special notice that a particular transmission (for example, credit card
information) is encrypted.
Accounts and Passwords
Purchasing products
through the Site gives you the option to open an account, including setting up a High Street Market ID and password. You are entirely responsible for maintaining the
confidentiality of your account information, including your password, and for
any and all activity that occurs under your account. You agree to notify High Street Market immediately of any unauthorized use of your account or password, or any
other breach of security. However, you may be held liable for losses incurred by
High Street Market or any other user of or visitor to the Site due to someone else
using your High Street Market ID, password or account. You may not use anyone else’s
High Street Market ID, password or account at any time without the express permission
and consent of the holder of that High Street Market ID, password or account. High Street market cannot and will not be liable for any loss or damage arising from your
failure to comply with these obligations.
Site Content
All text,
graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music, artwork and computer code (collectively, “Content”), including
but not limited to the design, structure, selection, coordination, expression,
“look and feel” and arrangement of such Content, contained on the Site is owned,
controlled or licensed by or to High Street Market, and is protected by trade dress,
copyright, patent and trademark laws, and various other intellectual property
rights and unfair competition laws. No part of the Site and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way to any other computer, server,
Web Site or other medium for publication or distribution or for any commercial
enterprise, without High Street Market’s express prior written consent. Information and
data made purposely available by High Street Market such as specification sheets and
product information may be downloaded from the Site provided that you follow
these five rules:
Information will be used for the sole purpose of the
individual’s decision on whether to purchase a particular item.
Proprietary
language must remain on downloaded item.
Make no modifications to any such
information.
Use such information only for your personal requirements
only.
Do not make any additional representations or warranties relating to
such documents.
Purchases; Other Terms and Conditions
Additional terms
and conditions may apply to purchases of goods or services and to specific
portions or features of the Site. All such terms are made a part of these Terms
of Use by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age to
use or participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the
specific service. High Street Market’s obligations, if any, with regard to its products
and services are governed solely by the agreements pursuant to which they are
provided, and nothing on this Site should be construed to alter such agreements.
High Street Market may make changes to any products or services offered on the Site, or
to the applicable prices for any such products or services, at any time, without
notice. The materials on the Site with respect to products and services may be
out of date, and High Street Market makes no commitment to update the materials on the
Site with respect to such products and services.
Errors and inaccuracies
High Street Market reserves the right to correct any errors, inaccuracies or
omissions and to change and update information at any time without prior notice.
This includes incorrect pricing and typographical errors in product descriptions
and availability. High Street Market maintains the right to correct such errors
whenever found.
Comments and Submissions
All comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or offered to
highstreetmraket.com on or by this Site or otherwise disclosed, submitted or offered
in connection with your use of this Site (collectively, the "Comments") shall be
and remain High Street Market property. Such disclosure, submission or offer of any
Comments shall constitute an assignment to highstreetmarket.com of all worldwide
rights, titles and interests and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. Thus, High Street Market will own exclusively
all such rights, titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any Comments. High Street Market is and shall be under
no obligation to maintain any Comments in confidence; to pay to user any
compensation for any Comments; or to respond to any user Comments. You agree
that no Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal or
proprietary rights(s). You further agree that no Comments submitted by you to
the Site will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any
comments you make. For this reason, we ask that you not send us any comments
that you do not wish to assign to us, including any confidential information or
any original creative materials such as product ideas, photographs, marketing
concepts, or merchandising suggestions.
Product
representations
High Street Market has done our best to portray our products in the
most accurate way, but we cannot and will not be responsible for the way in
which the photographs and product representations appear on your computer
screen. There are too many variables such as color; brightness and tinting that
can change how the images appear on your computer or printer.
Notes and
messages on gift items
Notes for gifts cannot be considered lewd, indecent,
obscene, harassing, or threatening or perceived in any way of being offensive.
Messages can be rejected for any reason that High Street Market feels could make a
negative environment for the receiver.
Disclaimers
High Street Market does
not promise that the Site or any Content, service or feature of the Site will be
error free or uninterrupted, or that any defects will be corrected, or that your
use of the Site will provide specific results. The Site and its Content are
delivered on an as is and as available basis. All information provided on the
Site is subject to change without notice. High Street Market cannot ensure that any
files or other data you download from the Site will be free of viruses or
contamination or destructive features. High Street Market disclaims all warranties,
express or implied, including any warranties of accuracy, non-infringement,
merchantability, and fitness for a particular purpose. High Street Market will not be
liable for the acts, omissions, and conduct of any third parties in connection
with or related to your use of the Site and/or any High Street Market services. You
assume total responsibility for your use of the Site and any linked Sites. Your
sole remedy against High Street Market for dissatisfaction with the Site or any content
is to stop using the site or any such content. This limitation of relief is a
part of the bargain between parties.
The above disclaimer applies to any
damages, liability or injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract,
tort, negligence or any other cause of action. High Street Market reserves the right to
do any of the following, at any time, without notice: (1) to modify, suspend or
terminate operation of or access to the Site, or any portion of the Site, for
any reason; (2) to modify or change the Site, or any portion of the Site, and
any applicable policies or terms; and (3) to interrupt the operation of the
Site, or any portion of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Limitation of
Liability
Except where prohibited by law, in no event will High Street Market be
liable to you for any indirect, consequential, exemplary, incidental or punitive
damages, including lost profits, even if High Street Market has been advised of the
possibility of such damages.
Violation of These Terms of Use
High Street Market may disclose any information we have about you (including your identity) if
we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) High Street Market’s rights
or property, or the rights or property of visitors to or users of the Site,
including High Street Market’s customers. High Street Market reserves the right at all times
to disclose any information that High Street Market deems necessary to comply with any
applicable law, regulation, legal process or governmental request. High Street Market
also may disclose your information when High Street Market determines that applicable
law requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
You
acknowledge and agree that High Street Market may preserve any transmittal or
communication by you with High Street Market through the Site or any service offered on
or through the Site, and may also disclose such data if required to do so by law
or High Street Market determines that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3)
respond to claims that any such data violates the rights of others, or (4)
protect the rights, property or personal safety of High Street market, its employees,
users of or visitors to the Site, and the public.
You agree that High Street Market may, in its sole discretion and without prior notice, terminate your access
to the Site and/or block your future access to the Site if we determine that you
have violated these Terms of Use or other agreements or guidelines which may be
associated with your use of the Site. You also agree that any violation by you
of these Terms of Use will constitute an unlawful and unfair business practice,
and will cause irreparable harm to High Street Market, for which monetary damages would
be inadequate, and you consent to High Street Market obtaining any injunctive or
equitable relief that High Street Market deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies High Street Market
may have at law or in equity.
You agree that High Street Market may, in its sole
discretion and without prior notice, terminate your access to the Site, for
cause, which includes (but is not limited to) (1) requests by law enforcement or
other government agencies, (2) a request by you (self-initiated account
deletions), (3) discontinuance or material modification of the Site or any
service offered on or through the Site, or (4) unexpected technical issues or
problems.
If High Street Market does take any legal action against you as a
result of your violation of these Terms of Use, High Street Market will be entitled to
recover from you, and you agree to pay, all reasonable attorneys’ fees and costs
of such action, in addition to any other relief granted to High Street Market. You
agree that High Street Market will not be liable to you or to any third party for
termination of your access to the Site as a result of any violation of these
Terms of Use.
Governing Law; Dispute Resolution
You agree that all
matters relating to your access to or use of the Site, including all disputes,
will be governed by the laws of the United States and by the laws of the State
of Pennsylvania without regard to its conflicts of laws provisions. You agree to the
personal jurisdiction by and venue in the state and federal courts in Montgomery
County, PA, and waive any objection to such jurisdiction or venue. Any claim
under these Terms of Use must be brought within one (1) year after the cause of
action arises, or such claim or cause of action is barred. No recovery may be
sought or received for damages other than out-of-pocket expenses, except that
the prevailing party will be entitled to costs and attorneys’ fees. In the event
of any controversy or dispute between High Street Market and you arising out of or in
connection with your use of the Site, the parties shall attempt, promptly and in
good faith, to resolve any such dispute. If we are unable to resolve any such
dispute within a reasonable time (not to exceed thirty (30) days), then either
party may submit such controversy or dispute to mediation. If the dispute cannot
be resolved through mediation, then the parties shall be free to pursue any
right or remedy available to them under applicable law.
If any of the
provisions of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary and replaced with a valid
provision that best embodies the intent of these Terms of Use, so that these
Terms of Use shall remain in full force and effect. These Terms of Use
constitute the entire agreement between you and High Street Market with regard to your
use of the Site, and any and all other written or oral agreements or
understandings previously existing between you and High Street Market with respect to
such use are hereby superseded and cancelled. High Street Market will not accept any
counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. High Street Market's failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by High Street Market of any provision or any right it has to enforce these Terms of Use, nor
shall any course of conduct between High Street Market and you or any other party be
deemed to modify any provision of these Terms of Use. These Terms of Use shall
not be interpreted or construed to confer any rights or remedies on any third
parties.
To contact us regarding any privacy issues:
High Street Market / 312 South Main Street / North Wales, Pennsylvania / 19454 / 1-800-669-1189 / hello@highstreetmarket.com