Welcome to How High Global.com. How High Global and/or its affiliates (“How High Global Marketplace”, How High Spaces, Canndid Forum, Canndid Seller Forum, all Above Baseline, LLC companies) provides products and services to you when you visit or shop at HowHighGlobal.com, use How High Global products or services, use How High Global applications for mobile, or use software provided by How High Global in connection with any of the foregoing (collectively, “How High Global”). How High Global provides the How High Global Marketplace subject to the following conditions.
By using the How High Global Marketplace, you agree to these conditions. Please read them carefully.
We offer a wide range of How High Global Marketplace Services, and sometimes additional terms may apply. When you use an How High Global Marketplace function or service (for example, Your Profile, Gift Cards, How High Spaces, Canndid Forum, Canndid Seller Forum) you also will be subject to the guidelines, terms and agreements applicable to that How High Global Marketplace Service (“Service Terms”).
When you use How High Global Marketplace Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other How High Global Marketplace Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any How High Global Marketplace service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the How High Global Marketplace or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any How High Global Marketplace Service is the exclusive property of How High Global.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any How High Global Marketplace Service are trademarks or trade dress of How High Global in the U.S. and other countries. How High Global’s trademarks and trade dress may not be used in connection with any product or service that is not How High Global’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits How High Global. All other trademarks not owned by How High Global that appear in any How High Global Marketplace Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by How High Global.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, How High Global or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the How High Global Marketplace Services. This license does not include any resale or commercial use of any How High Global Marketplace Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any How High Global Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by How High Global or its licensors, suppliers, publishers, rightsholders, or other content providers. No How High Global Service, nor any part of any How High Global Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of How High Global. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of How High Global without express written consent. You may not use any meta tags or any other “hidden text” utilizing How High Global’s name or trademarks without the express written consent of How High Global. You may not misuse the How High Global Marketplace Services. You may use the How High Global Marketplace Services only as permitted by law. The licenses granted by How High Global terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own How High Global account to use certain How High Global Marketplace Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. How High Global does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the How High Global Marketplace Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their household. How High Global reserves the right to refuse service, terminate accounts, terminate your rights to use How High Global Marketplace Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. How High Global reserves the right (but not the obligation) to remove or edit such content, and regularly reviews posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant How High Global a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant How High Global and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify How High Global for all claims resulting from content you supply. How High Global has the right but not the obligation to monitor and edit or remove any activity or content. How High Global takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
How High Global respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us.
RISK OF LOSS
All purchases of physical items from the How High Global Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
How High Global nor its vendors do not take title to returned items until the item is received by the seller/vendor. At our discretion, a refund may be issued without requiring a return. In this situation, How High Global does not take title to the refunded item. For more information about our returns and refunds, please see the How High Global Marketplace website.
How High Global attempts to be as accurate as possible. However, How High Global does not warrant that product descriptions or other content of any How High Global Marketplace Service is accurate, complete, reliable, current, or error-free. If a product offered by How High Global itself is not as described, your sole remedy is to return it in unused condition.
The listed price for each product is provided by a manufacturer, supplier, or seller.
Some items may require the buyer to pay a charge for shipping and/or handling, which is calculated at the vendor’s discretion but not despite How High Global’s routine quality listing checks, which aim to ensure that buyers evade gouged shipping charges and receive fair shipping quotes and/or charges according to the buyer’s billing address, shipping address, item cost, item weight, and other related factors.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by How High Global, such as the How High Global Marketplace App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, check the documentation provided by your mobile phone supplier.
SANCTIONS AND EXPORT POLICY
You may not use any How High Global Marketplace Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using How High Global Marketplace Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including How High Global Software), technology, and services.
Parties other than How High Global operate stores, provide services or software, or sell product lines through the How High Global Marketplace Services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from How High Global. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). How High Global does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HOW HIGH GLOBAL MARKETPLACE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HOW HIGH GLOBAL MARKETPLACE ARE PROVIDED BY HOW HIGH GLOBAL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HOW HIGH GLOBAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HOW HIGH GLOBAL MARKETPLACE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HOW HIGH GLOBAL MARKETPLACE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HOW HIGH GLOBAL MARKETPLACE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, HOW HIGH GLOBAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOW HIGH GLOBAL DOES NOT WARRANT THAT THE HOW HIGH GLOBAL MARKETPLACE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HOW HIGH GLOBAL MARKETPLACE, HOW HIGH GLOBAL’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HOW HIGH GLOBAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HOW HIGH GLOBAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HOW HIGH GLOBAL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HOW HIGH GLOBAL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any How High Global Service, or to any products or services sold or distributed by How High Global or through howhighglobal.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent (please inquire within). The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any How High Global Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the respective state, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and How High Global.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy located under the registration section posted on howhighglobal.com. These policies also govern your use of How High Global Marketplace Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL HOW HIGH GLOBAL SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with How High Global Marketplace Services (the “How High Global Software”).
- Use of the How High Global Software. You may use How High Global Software solely for purposes of enabling you to use the How High Global Marketplace Services as provided by How High Global, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the How High Global Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the How High Global Software in whole or in part. All software used in any How High Global Service is the property of How High Global or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the How High Global Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the How High Global Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the How High Global Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the How High Global Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other How High Global or third-party terms applicable to any portion of How High Global Software, such as open-source license terms, such other terms will control as to that portion of the How High Global Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using the contact pages on our website. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may initiate written claims of copyright infringement to one of our agents at:
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.