StructureCare Website Terms of Use
StructureCare is part of the High® companies.
Acceptance of Terms of Use
The words “we,” “us,” “our” and “StructureCare” refer to StructureCare, its parents and subsidiaries or any agent or independent contractor StructureCare may involve in the provision of this Site. The words “you” and “your” refer to visitors and users of the Site. By accessing and using this website (the “Site”), you agree to be bound by the following Terms of Use. These Terms of Use (“TOU”) apply to your access to and use of this Site. Before using the Site, please read the TOU. If you do NOT agree to all of these terms, you should NOT use this Site.
We reserve the right, at our sole discretion, to make changes or updates to the content or the format of this Site at any time without notice by posting a changed or updated version of the TOU. Use of the Site after posting of an updated TOU constitutes your acceptance of such updates. We reserve the right, at our sole discretion, to terminate, restrict or deny access to this Site for any reason.
Disclaimer
ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THIS INFORMATION ON THIS SITE, WE ASSUME NO RESPONSIBILITY, THEREFORE ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AS TO THE OPERATION OF THIS SITE OR ITS CONTENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. WE DO NOT WARRANT THAT THE SITE SERVERS OR EQUIPMENT THAT MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY US ARE FREE FROM VIRUSES, OTHER HARMFUL ELEMENTS, TYPOGRAPHICAL ERRORS OR TECHNICAL INACCURACIES. USE OF THE SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE THIS SITE OR ITS CONTENT, OR UNAUTHORIZED ACCESS TO YOUR DATA (INCLUDING CREDIT CARD NUMBERS AND OTHER PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING OR DEVICES USED BY THIRD PARTIES OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES OR MALICIOUS CODE THAT MAY IMPACT YOUR EQUIPMENT.
YOU SPECIFICALLY AGREE THAT STRUCTURECARE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO OR THROUGH THE SITE.
YOU EXPRESSLY AGREE THAT STRUCTURECARE SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE DATA FROM THE SITE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES. THUS, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend and hold harmless StructureCare, its parents, subsidiaries, affiliates and their respective employees, directors, officers and agents of each against any and all claims, demands, damages, liabilities or costs or expenses, including reasonable attorney’s fees and court costs that arise directly or indirectly from your breach of these TOU or arising out of your use of or access to the Site.
Third-Party Links
This Site may provide links to other websites that are not under the control of StructureCare. We shall not be responsible in any way for the content of such other websites.
License and Copyright
No right or license is granted to you other than the limited and conditioned right to access and use the Site in accordance with these TOU. Your right to access the Site may be terminated at any time by us without notice. Copyright and all other proprietary right in content rests with the relevant High company. All rights in the content not expressly granted herein are reserved.
Force Majeure
StructureCare shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, interruptions in telecommunications, utility, internet services or other network provider services, acts or omissions of third parties, infiltration or disruption of the Site by a third party or other occurrences reasonably beyond StructureCare's control.
Jurisdiction and Governing Law
By accessing the Site, you agree that your access and use of the Site shall be governed by all applicable Federal laws and the law of the Commonwealth of Pennsylvania. You agree to the personal and exclusive jurisdiction of the courts located within Lancaster County, Pennsylvania, without regards to its conflicts of laws principles.
Captions and Headings
All headings are for convenience only and have no legal or contractual effect.
Severability
Should any part or provision of these TOU be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These TOU, as well as any written and signed agreements that you may have with StructureCare, constitute the entire agreement between you and StructureCare with respect to the Site and governs your use of the Site. The failure of StructureCare to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Privacy Policy
We acknowledge the importance of respecting your privacy as a visitor or user of the Site. Our Site Privacy Policy is available, which is incorporated by this reference.
Miscellaneous
No agency, partnership, joint venture or employment is created as a result of these TOU, and you do not have any authority to bind StructureCare in any respect whatsoever. This Site may contain references to specific products and services that may not be readily available at all times.
If you would like to contact us for any reason regarding our terms and conditions, you may do so via the "Contact" page on this website or by mailing to:
StructureCare
1850 William Penn Way
Lancaster, PA 17601