Terms of Use

Last Updated: May 9, 2019 

WELCOME 

Highways and Hailstones (“H&H”, “we”, “us”, “our”) welcomes you to our website located at https://highwaysandhailstones.com/ (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. By accessing and using the Website or your chaser website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.  

OWNERSHIP / RESTRICTIONS ON USE 

The Website is owned and operated by H&H. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to H&H, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.  

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of H&H. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of H&H. To obtain written consent for such reproduction, please contact us at support@highwaysandhailstones.com

USER ACCOUNT 

To access certain portions of the Website such as creating your own chaser website, you may be asked to register for an online account or we may create an account on your behalf. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested during registration, and to update that registration information as soon as possible after any information on such registration form changes. 

Upon registration, you will choose or be provided with a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify H&H of any unauthorized use of your password or username or any other breach of security. 

USER-GENERATED CONTENT 

The Website or any chaser website may permit the submission of content, such as articles, photographs and comments, generated by you and other users (“User Content”).  

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Website or chaser website is non-confidential and non-proprietary. 

By submitting User Content, you represent and warrant to H&H that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize H&H to use and reproduce your User Content as contemplated in these Terms of Use, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate H&H’s User Code of Conduct set forth below. 

As between you and H&H, you will retain all of your ownership rights in and to your User Content. By submitting User Content to our Website or chaser website, you hereby grant to H&H a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that H&H (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Website a non-exclusive license to access your User Content through the Website. 

H&H does not endorse any User Content or any opinion, recommendation, or advice expressed therein. H&H reserves the right but is not obligated to monitor User Content or other content sent to or through the Website or chaser websites. H&H has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Website or chaser website if H&H determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. H&H takes no responsibility for and expressly disclaims any and all liability in connection with any User Content. 

USER CODE OF CONDUCT 

By submitting User Content and as a condition of your continued access to and use of our Website, you agree to abide by all applicable federal, provincial, state, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to: 

  1. submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant H&H all of the rights granted herein; 
  2. upload, post, comment, e-mail or otherwise transmit any statements, material or User Content that: 
    • constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message; 
    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;  
    • contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or 
    • otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.  
  3. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users; 
  4. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website; 
  5. attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means; 
  6. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and 
  7. use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website. 

H&H retains the right, at its sole discretion, to deny use of the Website to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from using the Website immediately upon request by H&H to do so. 

LINKING 

It is our goal to provide increased value to visitors to our Website. Therefore, our Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from H&H and that H&H has no control over the content of such websites. Consequently, H&H cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. 

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites. 

DISCLAIMER / LIMITATION OF LIABILITY  

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times. 

ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. H&H DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. H&H DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

IN NO EVENT SHALL H&H, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT, EVEN IF H&H HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT, INCLUDING USER CONTENT. 

INDEMNITY 

You agree to indemnify and hold harmless H&H, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (1) your (or anyone acting under your password or username) use of this Website, connection thereto, (2) any alleged violation by you of these Terms of Use or (3) any actual or alleged infringement of third party intellectual property or other proprietary rights in connection with the User Content. 

PRIVACY 

Please click here to review our current Privacy Policy, which contains information about the manner in which we collect, use, disclose or otherwise manage personal information.   

CHANGES AND TERMINATION 

H&H reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, H&H reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the top of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from H&H to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website. 

TRADEMARKS 

“Highways and Hailstones” is a trade-mark of H&H. Other marks, graphics, typefaces, trade-marks and logos appearing on the Website are trade-marks or trade dress of H&H. All other trade-marks appearing on the Website are property of their respective owners. Our trade-marks and trade dress may not be used in any manner for any purpose without our express written consent. 

APPLICABLE LAWS  

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.  

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. 

NOTICE 

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use, by posting notices or links to such notices on the Website itself.  

ENTIRE AGREEMENT 

This Terms of Use, along with our Privacy Policy, any other legal notices or statements posted on the Website, constitutes the entire agreement between you and H&H and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by H&H as set forth above.  

CONTACT 

If you have any questions or comments regarding these Terms of Use please contact us at support@highwaysandhailstones.com