Disclaimer of Warranties
THE MATERIALS ON WWW.THE-HIGHLANDS.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE-HIGHLANDS DOES NOT WARRANT THAT THE FUNCTIONS OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE-HIGHLANDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR INFORMATION ON THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. OTHER WEB SITES AND WEB PAGES CAN BE ACCESSED THROUGH THIS HOME PAGE ("THIRD PARTY WEB PAGES"). SUCH THIRD PARTY WEB PAGES OFFER PRODUCTS OR SERVICES OF ORGANIZATIONS INDEPENDENT OF THE-HIGHLANDS. THE-HIGHLANDS DOES NOT ENDORSE, APPROVE, OR CERTIFY ANY INFORMATION, PRODUCT OR SERVICE OFFERED OR PROVIDED AT SUCH THIRD PARTY WEB PAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE-HIGHLANDS DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS OFFERED OR SOLD ON ANY THIRD PARTY WEB PAGE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS OR ANY THIRD PARTY WEB PAGE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
www.the-highlands.com acts solely as an independent online information and resource directory. The-Highlands.com website is not affiliated with nor endorsed by The Highlands in Triadelphia, (Ohio County) WV, the Ohio County Commission, the Ohio County Development Corporation (OCDC), the project's developers and/or contractors or any of the development's retail establishments and/or tenants. The-Highlands.com also acts as the venue for sellers and buyers of goods. The-Highlands is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. The-Highlands cannot ensure that any buyer or seller will actually complete a transaction. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you understand and agree that The-Highlands liability will be limited as described in this Agreement.
Limitation of Liability
YOU AGREE THAT NEITHER THE-HIGHLANDS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, IF ANY, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OUR NEGLIGENCE BY ACT OR OMISSION, OR OUR WILLFUL CONDUCT, EVEN IF THE-HIGHLANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEB SITE OR THIRD PARTY WEB PAGES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. LOST PROFITS, OR LOST DATA. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE-HIGHLANDS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO THE-HIGHLANDS FOR PRODUCTS SOLD OR SERVICES RENDERED. THE-HIGHLANDS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEB SITE.
All materials incorporated in or accessible through this web site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this web site), are protected by United States and international copyright laws, and are owned or controlled by The-Highlands or by the original creators of such materials, or their respective assignees. Such materials may be used as a resource for purchasing the products offered through this web site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of The-Highlands or other copyright owner is strictly prohibited. In the event of any permitted use of such materials, including, without limitation, any copying, reproduction, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials. The-Highlands disclaims any responsibility for the content of any third part materials provided through or on the www.the-highlands.com Internet web site. The-Highlands desires to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. §512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following designated agent to request a review of the alleged infringement:
All trademarks, service marks, trade names, logos, and icons used by The-Highlands are proprietary property of their respective owner(s). Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on this web site without the expressed written permission of the party that owns the trademarks or service marks displayed on this web site, or any other content on this web site, except as provided herein, is strictly prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Restrictions on Use of Materials
This web site is owned and operated by The-Highlands. Permission is granted to display and navigate around this web site with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial or public use of this web site or any portion hereof is strictly prohibited. Except as otherwise permitted by The-Highlands, no materials from www.the-highlands.com or any web site owned, operated, licensed or controlled by The-Highlands may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this web site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this web site for public or commercial purposes, including the text, images, audio, and video, without The-Highlands written permission. The-Highlands neither warrants nor represents that your use of materials displayed on this web site will not infringe rights of third parties not owned by or affiliated with The-Highlands.
Information Supplied by You
If you wish to purchase products or services described in this web site or any third party web pages, you may be asked to supply certain information, including credit card or other payment information. By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges (including shipping and handling charges) incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.
Although this web site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographic locations. The-Highlands reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service to any person or geographic area it so desires. Any offer for any product or service made in or through this web site is void where prohibited. This web site is controlled and operated by The-Highlands from its offices within the State of West Virginia, United States of America. The-Highlands makes no representation that materials on www.the-highlands.com are appropriate or available for use in other locations. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws.
Indemnity and Release
By using www.the-highlands.com, you agree to indemnify The-Highlands and its parents, subsidiaries, affiliates, officers, directors and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your use of www.the-highlands.com. By using www.the-highlands.com, you are hereby agreeing to release The-Highlands and its parents, subsidiaries, affiliates, officers, directors and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the products and services.
Under no circumstances shall The-Highlands be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestice or foreign courts or tribunals, nonperformance of third parties, or loss or fluctuations in heat, light, or air conditioning.
Choice of Law and Forum
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of West Virginia, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions of use of this web site shall be filed only in the state or federal courts located in the State of West Virginia, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and The-Highlands with respect to this web site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and The-Highlands with respect to this web site. If any part of these terms and conditions of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
You agree that The-Highlands, in its sole discretion, may terminate your use of this web site, for any reason, including, without limitation, if The-Highlands believes that you have violated the Conditions of Use. The-Highlands may at any time without notice, discontinue this web site or any part of it. You agree that any termination of your access to The-Highlands may be effected without prior notice. Further, you agree that The-Highlands will not be liable to you or any third party for any termination of your access to this web site.