COPYRIGHT: All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.
TRADEMARKS: High Sierra Showerheads retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.
LICENSE AND SITE ACCESS: We grant you a limited license to access and make personal use of this Site. No right, title or interest in our Materials is conveyed to you. You may not download (other than page caching) or modify this Site, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by High Sierra Showerheads.
Special Notice: We have a no-tolerance policy regarding the use of our Marks or names in metatags and/or hidden text. Specifically, the use of our Marks or names in metatag keywords is trademark infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other “hidden text” utilizing our Marks or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Marks or other Materials with advertisements and/or other information not originating from our Site.
Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, High Sierra Showerheads reserves the right to seek all remedies available by law and in equity. High Sierra Showerheads retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that High Sierra Showerheads will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
COMMENTS, COMMUNICATIONS AND OTHER CONTENT: This Site may permit
visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public and, whether or not such User Submissions are published, High Sierra Showerheads does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sublicensees the right to use the name that you submit in connection with such content if they choose.
In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music);
(ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to High Sierra Showerheads as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Site or otherwise by High Sierra Showerheads, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow High Sierra Showerheads to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us for all claims resulting from your User Submission(s).
PROHIBITED USES OF THIS SITE: You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that: (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer; (c) contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings or any form of “spam”; (e) use a false email address, impersonates another person or entity, including High Sierra Showerheads and its employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of High Sierra Showerheads, restricts, impairs, interferes or inhibits any other user from using or enjoying this Site and/or our related services and products.
OUR PRODUCTS: We attempt to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on this Site, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on this Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.
LINKING: Links may be established from this Site to one or more external websites or resources operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide links to this Site. None of such links should be deemed to imply that High Sierra Showerheads endorses the Third Party Sites or any content therein. Unless the link is to another High Sierra Showerheads website, High Sierra Showerheads does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and High Sierra Showerheads will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
APPLICABLE LAW: By visiting our Site, you agree that the laws of the State of California, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
DISPUTES: Any dispute between you and High Sierra Showerheads concerning this Site or the Materials located on this Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that High Sierra Showerheads may commence action against you in a court of law for infringement of High Sierra Showerheads’ intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A
JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final, and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held, and the award shall be deemed to be made in the City of New York, New York, United States of America, or such other place agreed to by the parties. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: WEBSITE: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCTS: WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF HIGH SIERRA SHOWERHEADS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
OTHER TERMS AND CONDITIONS, SITE MODIFICATION AND SEVERABILITY: We may offer the opportunity to participate in sweepstakes, contests or other promotions through this Site. In addition to these Terms, the sweepstakes, contests or other promotions will be governed by terms and conditions specific to those sweepstakes, contests or promotions. If there is a conflict between these Terms and the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests or promotions will control.
If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Effective as of: March 1, 2021