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Terms of Use

The website https://www.highanddry.com/ ("Website") is owned and operated by High & Dry LLC., 1603 Avenue R, Huntsville, TX 77340, USA ("High & Dry", “High & Dry Outdoors”, High & Dry LLC”, “H&D”, "we" or "us"). These Terms of Use set out the terms between you and High & Dry under which you may access our Website. These Terms of Use apply to all users of, and visitors to, our Website. Use of our Website includes accessing, browsing, or registering to use our Website. We may revise these Terms of Use at any time by amending this page. We recommend to check this page from time to time to take notice of any changes we made, as they are binding on you.

 

Acceptance of Terms. By using this website, you agree to be bound by these “Terms of Use.”

 

Definitions. The “High & Dry Website” or “the Website(s)” means the Website(s) associated with the domain name highanddry.com. “High & Dry” refers to High & Dry Outdoors, Inc. d/b/a High & Dry, the owner of the Website(s).

Use of the Site. High & Dry operates the Website(s) to provide online access to the sale and information of its products, services, and opportunities, and to provide a way for you to communicate with High & Dry. Any new features added to the Website(s) will also be subject to these Terms of Use.

 

Intellectual Property. The content on the Website(s), except all User Content (as defined below), including without limitation, the text, software, graphics, photos, music, videos, and the like (“Content”), is owned by or licensed to High & Dry and is subject to trademark, copyright and other intellectual property laws of the United States and foreign countries. Content on the Website(s) is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of High & Dry. High & Dry reserves all rights not expressly granted in and to the Website(s) and the Content.

 

Privacy and Cookie Policy. Our Privacy and Cookie Policy governs the collection, use and disclosure of all Personal Data (personally identifiable information about you, such as your full name, birth date, e-mail address or mailing address, phone number and any other information that can be used to identify or contact you). For more information, see our full privacy policy.


User Generated Content. Except as otherwise provided elsewhere in these Terms of Use or on the Website, anything that you submit or post to the Website and/or provide High & Dry, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary. When you upload or post Submissions to our Website, you agree that all Submissions shall automatically become the sole and exclusive property of High & Dry and shall not be returned to you. By uploading or posting Submissions, you grant to High & Dry a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant High & Dry the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights pertaining to the Submissions, reviews, comments and other content that you post on this Website and that use of your Submissions, reviews, comments, or other content by High & Dry will not infringe upon or violate the rights of any third party. You shall be liable to us and shall indemnify us from and against all actions, claims, demands, liabilities, damages, losses, costs, charges and expenses (including, without limitation, consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) that we may suffer or incur in connection with, or arising (directly or indirectly) from, any breach in this respect. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead High & Dry or third parties as to the origin of any Submissions or content. High & Dry may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 

Websites Provided “As Is.” You understand and agree that the High & Dry Website(s) and all services and information provided on it are provided “As Is” and that High & Dry assumes no responsibility for the accuracy, timeliness, deletion or mis-delivery of any user communication, information, or configuration. You, and not High & Dry, are entirely responsible for all material that you post, transmit or otherwise make available through the Website(s). High & Dry does not review or control the material that others post, transmit or otherwise make available through the Website(s), and accordingly High & Dry does not guarantee the accuracy, integrity, or quality of such material. You acknowledge that High & Dry and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Website(s), including all User Generated Content. High & Dry will use reasonable efforts to control the security of the Website(s) but does not warrant that it will be able to protect any content provided on or through the Website(s) from infringement or piracy. You understand and agree that High & Dry will have no liability for any negligence or lack of due care in failing to protect the security of the Website(s).

 

Indemnification. You agree to indemnify and hold harmless High & Dry, and its successors, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Website(s), your use of the Website(s), your connection to the Website(s), your violation of these Terms of Use, or your violation of any rights of another person or entity. In addition to any other legal or equitable remedies, High & Dry may, without prior notice to you, immediately terminate all of your rights granted under these Terms of Use. Upon any termination, you shall immediately cease all access to and use of the Website and High & Dry shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) that may have arisen before the date of termination.

 

Limitation of Liability. High & Dry and its successors, affiliates, officers, agents, and employees are not responsible or liable for any damages or harm arising out of or relating in any way to the Website(s), including the content or any information received from the Website(s) or through the Website(s). Your sole remedy for dissatisfaction with the Website(s) is to stop using them and the information obtained from, and services provided in connection with the Website(s).

 

International Access. This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

 

Governing Law and Jurisdiction. These Terms of Use and the relationship between you and High & Dry shall be governed by the laws of the State of Texas. You hereby consent to the exclusive jurisdiction of the federal and state courts located in the State of Texas for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Website(s), these Terms of Use, or any Content, Personal Data, or User Content.

 

Modifications. We may modify these terms of use from time to time. If we make material changes to these terms, we will notify you by posting a revised version of these terms on the Website(s). Your continued use of the Website(s) after notice of a modification indicates your acceptance of the revised terms.

 

Last updated: August 31, 2021

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