Please read the following carefully as it governs your use of the Web pages hosted by www.HiRiseCamera.com and/or its various affiliates and partners that are owned or managed by Hi Rise Camera (collectively referred to as “Hi Rise Camera”, “we” or the “Site”). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the Hi Rise Camera Site.
Terms and Conditions
We Are A Team Of Dedicated Professionals1. YOUR OBLIGATIONS.
In consideration of your use of our Site, you represent that you are at least 18 years of age. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s purchasing and registration forms. You acknowledge that you have no ownership rights in your account. If you or Hi Rise Camera cancels your account, all your account information, including forms, Documents, cover letters and any other information you provided, created or associated with your Account will be deleted and removed from any public area of the Sites. You hereby represent and warrant that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.
2. USE OF SITE CONTENT AND MATERIALS.
Hi Rise Camera grants you a non-exclusive, non-transferable, revocable license (a) to access (but not through scraping, crawling or other technology or software used to access data without the express written consent of Hi Rise Camera) and use the Site strictly in accordance with this Agreement; (b) to share your results with friends, relatives and trusted advisors for the purpose of assisting you with your personal matters or educating them about the availability of Hi Rise Camera.
3.TERMS OF PURCHASE.
Credit cards payments are accepted directly on this website. In order to purchase products, you must select a payment method and provide accurate billing and payment information when prompted. You agree to pay Hi Rise Camera for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Hi Rise Camera to charge your designated payment method for such charges. If Hi Rise Camera, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Hi Rise Camera or its operators. Price and availability of any product or service offered through the Site are subject to change without notice. To pre-pay with a check, contact our sales team directly at (877) 305-1950.
4. Returns.
We want you to be 100% satisfied with our products and services. If you are less than satisfied or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue. If you are not satisfied you may, subject to a 10% restocking fee, return a product and request a refund up to 14 days after you receive the initial shipment of the product. Returns can be accepted only on brand new factory-packed merchandise. Items returned in used or altered condition will not be accepted. If buyer needs to return an item, call for a Return Authorization Number (RAN) and ship fully insured and freight charges prepaid by you. Returns without RAN number or sent freight collect will be rejected.
5. SHIPPING POLICY.
Shipping is conducted Monday-Friday 9am-4pm CST. Overnight or priority shipments cannot be shipped until the following or current business day. Delivery of merchandise if agreed upon shall take place according to original agreement unless special circumstances prevent Hi Rise Camera from delivering at that previously designated item, in which case Hi Rise Camera shall have a reasonable period of time in which to make delivery of the item (as purchased). Customer must be present to accept delivery. In the event that customer is unable to take delivery of the purchased item (at the originally agreed time and said customer fails to give Hi Rise Camera reasonable notice of such inability), there might be an additional charge for a second delivery.
6. Warranties
A. You must contact the Hi Rise Camera Support Team at (877) 305-1950 and register your unit in order for the Warranty to be in effect.
B. All structural components of the Hi Rise Camera unit are covered for two years from the date of purchase. This means that any defective parts having physical/structural issues that cause a unit to become non-functional will be replaced during that time period. The warranty does not cover any defects or malfunctions caused by user error and/or negligence, scratches, marks, or other cosmetic damage to the unit. Any shipping costs will be the responsibility of the buyer.
C. All electronic components and devices include a one-year warranty from the manufacturer from the date of purchase (this includes video camera, viewing monitor, batteries, cables, and remote control device). The warranty does not cover any defects or malfunctions caused by user error and/or negligence. The warranty is good for product replacement and does not make any part of the unit eligible for any refund of payment.
D. Refer to section “4. Returns” (above) for shipping instructions
8. Warranty Disclaimer
A. This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Hi Rise Camera disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
B. Hi Rise Camera does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hi Rise Camera does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
9. Limitation of Liability
Hi Rise Camera shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hi Rise Camera has been advised of the possibility of such damages.
10. Typographical Errors
In the event that a Hi Rise Camera product is mistakenly listed at an incorrect price, Hi Rise Camera reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hi Rise Camera reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hi Rise Camera shall issue a credit to your credit card account in the amount of the incorrect price.
11. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hi Rise Camera without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
12. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hi Rise Camera without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
13. Use of Site
Harassment in any manner or form on the site, including via e-mail, ratings, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hi Rise Camera or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
14. Participation Disclaimer
Hi Rise Camera does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Hi Rise Camera is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Hi Rise Camera reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Hi Rise Camera in its sole discretion.
15. Indemnification
You agree to indemnify, defend, and hold harmless Hi Rise Camera, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
16. Third-Party Links
In an attempt to provide increased value to our visitors, Hi Rise Camera may link to sites operated by third parties. However, even if the third party is affiliated with Hi Rise Camera, Hi Rise Camera has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hi Rise Camera. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hi Rise Camera seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
17. PROPRIETARY RIGHTS.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Hi Rise Camera. The collective work includes works that are licensed to Hi Rise Camera. Copyright 2016, Hi Rise Camera ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Hi Rise Camera or purchasing Hi Rise Camera products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Hi Rise Camera or to purchase Hi Rise Camera products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Hi Rise Camera. You further agree not to change or delete any proprietary notices from materials downloaded from the site. All trademarks, service marks and trade names of Hi Rise Camera used in the site are trademarks or registered trademarks of Hi Rise Camera.
18. BINDING ARBITRATION.
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first contact Hi Rise Camera by email at support@hirisecamera.com, so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file for you before bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if Hi Rise Camera is unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with Hi Rise Camera, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Dallas, TX. The arbitrator’s decision shall be based upon the substantive laws of the State of Texas without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, Hi Rise Camera may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of Texas and waive any jurisdictional, venue or inconvenient forum objections to such courts.
19. Miscellaneous
A. Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Hi Rise Camera products) shall be in the state or federal courts located in Dallas, Texas.
B. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hi Rise Camera products) must be commenced within one (1) year after the claim or cause of action arises. Hi Rise Camera’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
C. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
D. Hi Rise Camera may assign its rights and duties under this Agreement to any party at any time without notice to you.
E. The failure of Hi Rise Camera to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
F. Hi Rise Camera reserves the right to update or amend these Terms of Use at any time without notice by posting Updated Terms of Use to this web page, so you should visit this page often.
20. Privacy Information.
Hi Rise Camera recognizes the importance of protecting the information that we collect from customers during the process of using the Hi Rise Camera site. For further information, please review our complete Privacy Policy which is fully incorporated by reference into these Terms of Use. If you have questions about any of the provisions described above, please contact us at support@formswift.com.
Effective: 2-17-016