TERMS & CONDITIONS:
BY VISITING heightsstrategic.com OR ANY OF THE ASSOCIATED PRODUCT WEBSITES (heightsstrategicmarketing.com, other). YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. The term “Services” refers to products and services offered by HEIGHTS STRATEGIC MARKETING LLC, including but not limited to, a blog, email series, books, ebooks, coaching packages, websites, hosting, and web maintenance programs hosted on any of HEIGHTS STRATEGIC MARKETING LLC’s Sites.
Use of any of HEIGHTS STRATEGIC MARKETING LLC’s Sites, including all materials presented herein and all online Services provided by HEIGHTS STRATEGIC MARKETING LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Sites. By using the Sites or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Sites and Services
To access or use the Sites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Sites. HEIGHTS STRATEGIC MARKETING LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. HEIGHTS STRATEGIC MARKETING LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
You may use the Sites and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to HEIGHTS STRATEGIC MARKETING LLC’s acceptance of your order or requests. HEIGHTS STRATEGIC MARKETING LLC reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by HEIGHTS STRATEGIC MARKETING LLC until payment has been processed. HEIGHTS STRATEGIC MARKETING LLC may at any time change or discontinue any aspect or feature of the Sites or Services, subject to HEIGHTS STRATEGIC MARKETING LLC fulfilling previous responsibilities to you based on acceptance of your payment.
In the event of an e-commerce transaction on this site, HEIGHTS STRATEGIC MARKETING LLC will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform HEIGHTS STRATEGIC MARKETING LLC as soon as possible.
Cancellations, Refunds & Returns
Terms and conditions of website packages, hosting, and maintenance will be governed by contract agreement entered into between you and HEIGHTS STRATEGIC MARKETING LLC. All refunds will be discussed between you and HEIGHTS STRATEGIC MARKETING LLC.
HEIGHTS STRATEGIC MARKETING LLC endeavors to describe and display the Sites and Services as accurately as possible. While HEIGHTS STRATEGIC MARKETING LLC tries to be as clear as possible in explaining the Sites and Services, please do not accept that the Sites’ and Services’ descriptions are entirely accurate, current, or error-free. From time to time HEIGHTS STRATEGIC MARKETING LLC may correct errors in pricing and descriptions. HEIGHTS STRATEGIC MARKETING LLC reserves the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Sites
You shall not upload, post or otherwise make available on the Sites any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Sites, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
HEIGHTS STRATEGIC MARKETING LLC claims no intellectual property rights over the material you supply to HEIGHTS STRATEGIC MARKETING LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Sites or Services. Content you submit to HEIGHTS STRATEGIC MARKETING LLC remains yours to the extent that you have any legal claims therein. You agree to hold HEIGHTS STRATEGIC MARKETING LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Sites, you grant HEIGHTS STRATEGIC MARKETING LLC a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
HEIGHTS STRATEGIC MARKETING LLC’s Intellectual Property
The Sites and Services contain intellectual property owned by HEIGHTS STRATEGIC MARKETING LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites’ or Services’ Content or intellectual property, in whole or in part, without HEIGHTS STRATEGIC MARKETING LLC’s prior written consent. HEIGHTS STRATEGIC MARKETING LLC reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Facebook is a trademark of Facebook, Inc.
Android, Google Play, Google, Gmail, the Google Logo, Google Chrome, Google Maps, Google Talk, YouTube, and other marks are trademarks of Google, Inc.
iTunes is a trademark of Apple, Inc.
Instagram is a trademark of Instagram, Inc.
LinkedIn is a trademark of LinkedIn Corporation.
Twitter is a trademark of Twitter, Inc.
All other trademarks displayed on the Sites are the intellectual property of their respective owners.
HEIGHTS STRATEGIC MARKETING LLC may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by HEIGHTS STRATEGIC MARKETING LLC posting the new Terms and Conditions on this Site. Any use of the Sites or Services by you after being notified means you accept these amendments. HEIGHTS STRATEGIC MARKETING LLC reserves the right to update any portion of the Sites and Services, including these Terms and Conditions, at any time. HEIGHTS STRATEGIC MARKETING LLC will post the most recent versions to this Site and list the effective dates below the Terms and Conditions section.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL HEIGHTS STRATEGIC MARKETING LLC BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, HEIGHTS STRATEGIC MARKETING LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HEIGHTS STRATEGIC MARKETING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HEIGHTS STRATEGIC MARKETING LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM HEIGHTS STRATEGIC MARKETING LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU HEIGHTS STRATEGIC MARKETING LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
The Sites and the Services contain links to third-party websites and resources. You acknowledge and agree that HEIGHTS STRATEGIC MARKETING LLC is not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HEIGHTS STRATEGIC MARKETING LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold HEIGHTS STRATEGIC MARKETING LLC harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Services. You shall provide HEIGHTS STRATEGIC MARKETING LLC with such assistance, without charge, as HEIGHTS STRATEGIC MARKETING LLC may request in connection with any such defense, including, without limitation, providing HEIGHTS STRATEGIC MARKETING LLC with such information, documents, records, and reasonable access to you, as HEIGHTS STRATEGIC MARKETING LLC deems necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and HEIGHTS STRATEGIC MARKETING LLC pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and HEIGHTS STRATEGIC MARKETING LLC. No waiver of any of the provisions of this Agreement by HEIGHTS STRATEGIC MARKETING LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by HEIGHTS STRATEGIC MARKETING LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to HEIGHTS STRATEGIC MARKETING LLC at email@example.com
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Last Updated: November 21, 2019