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TERMS & CONDITIONS

By using the www.HIGGS.com website (the “Site”), or by signing up for SMS messaging, you signify your acceptance of both these Terms and Conditions (the “Terms”) and the Privacy Policy of STUDEBAKER INDUSTRIES, LLC (“HIGGS”), which is incorporated herein by reference. If you do not agree, please do not use our Site. Your continued use of the Site constitutes agreement to be bound by these Terms, and continued use following the posting of changes to the Terms, the Privacy Policy, or any other policy posted on our Site will be deemed your acceptance of those changes.

 

The Terms apply only to the Site and do not apply to any websites that may be linked to the Site. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. It is your obligation to review the Terms before accessing the Site or making a purchase. Any changes to the Terms will be effective immediately upon our posting them to the Site, unless otherwise stated. We reserve the right to change the contents of the Site at any time in our sole discretion, with or without notice. Your continued use of the Site following the posting of changes to the Terms means that you accept and agree to the changes.

 

All terms and conditions contained herein are applicable to the extent permitted by law. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.

TABLE OF CONTENTS

  1. Account

  2. Products, Content and Specifications

  3. Shipping

  4. Intellectual Property Rights

  5. Third Party Links

  6. Restrictions on Use Of the Site

  7. User Information

  8. Mobile Terms & Conditions

  9. Warranties and Limitation of Liability

  10. Indemnification

  11. Dispute Resolution And Choice Of Law

  12. No Class Actions

  13. Miscellaneous

Account

Certain functions of the Site may require registration, including purchasing products. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Site and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including, but not limited to, any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email and text message. You may unsubscribe at any time. You may access your account at https://www.HIGGS.com/my-account.

 

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. All prices and denominations are listed, and transactions are conducted, in United States Dollars. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.

 

We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. Products displayed on the Site may also be available in HIGGS retail stores, or through unaffiliated third party retail stores, while supplies last.

 

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer even after a confirmatory email. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

Shipping

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

 

Any delivery dates provided by HIGGS are estimates. We reserve the right to make deliveries in installments as products are ready. HIGGS will send you an email when your order has shipped and you may review your order and shipping information on your Account page.

 

HIGGS may cancel orders for any reason at any time and in our sole discretion. These can include fraud prevention, orders connected with a previous credit card dispute, or inventory errors.

Intellectual Property Rights

The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are either the property of, or used with permission by, HIGGS and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

 

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

 

Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another website (or other medium, such as a mobile application) without our prior written permission is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations.

Third Party Links

From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These links are available for your convenience and are intended only to enable access to these third party websites and for no other purpose. If you use these links, you will leave this Site, and these websites may have different privacy policies and terms of use. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website.

 

Notwithstanding the presentation of, or links to, any third-party information or website on the Site, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk.

Restrictions on Use Of the Site

You may not collect or use any portion of the content of the Site in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Site from mining, robots or other extraction tools. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by the Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Site except with our explicit, written permission.

 

In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by the Terms of Use or by applicable law. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Site, or the servers and network associated with the Site. Any unauthorized use of the Site will terminate the permission or license granted by HIGGS, which termination is in addition to all of HIGGS’s other rights at law or in equity.

 

Additionally, you are prohibited from posting, transmitting or in any way using the Site to deliver or receive any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Without limiting the foregoing, you further specifically agree not to use the Site to impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content, email or transmit content that infringes on the intellectual property or the right of any entity or person, intentionally or unintentionally violate any applicable local, state, national or international law; transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or take any other action that may affect the ability of others to engage in activities via the Site.

 

In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site materials in violation of the above, the termination of your Account, and/or blocking your ability to access the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone transmitting materials in violation of these terms of service.

User Information

Other than personally identifiable information, which is subject to HIGGS’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable, regardless of whether such communications are otherwise in violation of these Terms.

Mobile Terms & Conditions

HIGGS offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 48703. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

 

A. Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. HIGGS reserves the right to stop offering the Service at any time with or without notice.

 

By opting into the Service, you:

i.  Authorize HIGGS to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

ii. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

iii. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

iv. Acknowledge that the SMS messages will be delivered to your phone showing a five digit "short code", rather than a traditional ten digit phone number, as a necessary function of how mobile service providers handles SMS advertising.  You consent to receive communications from the short code, and acknowledge that you have been provided with a "contact card" for your phone that would provide you with the traditional phone number for HIGGS for which you can contact customer service about any questions regarding the SMS messaging.

v. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at help@HIGGS.com.  To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

 

B. Content You May Receive

Once you affirm your choice to opt-in to the Service on short code 48703, your message frequency may vary. You may receive alerts about:

i. Sales

ii. Promotions

iii. Offers

iv. Cart reminders

 

C. Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

 

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. HIGGS may add or remove any wireless carrier from the Service at any time without notice. HIGGS and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

 

D. To Stop the Service

To stop receiving text messages from HIGGS, text the word STOP to 48703 any time or reply STOP to any of the text messages you have received from HIGGS. After texting STOP to 48703, you will receive one additional message confirming that your request has been processed.

 

E. Questions

You can text HELP for help at any time to 48703. You can contact us by email at help@HIGGS.com.  

 

F. Changes to Terms

These mobile terms and conditions are subject to change at any time without notice.

Warranties and Limitation of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. To the fullest extent permitted by applicable law, your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows:

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT, AND THE MATERIALS, GOODS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE, AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOUR USE OF THIS SITE AND THE PRODUCTS SOLD HEREIN, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

 

NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE OR THE SERVICE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEB SITE.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, THE GOODS OR SERVICES ACQUIRED FROM THIS WEB SITE, MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, MATERIALS, INFORMATION OR SERVICES PROVIDED VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, ANY CONTENT, OR THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE AND/OR OPT OUT OF THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

 

IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE WEBSITE (REGARDLESS OF THE BASIS FOR THE ACTION) OR THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold HIGGS and its affiliates, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys' fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Site caused damage to a third party.

Dispute Resolution And Choice Of Law

By using the Site, and/or opting in to the Service, you and HIGGS agree if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the Service, or the breach, enforcement, interpretation, or validity of these Terms or the Privacy Policy, or any part of either it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

 

Both you and HIGGS agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS BEFORE AN ARBITRATOR IN LOS ANGELES COUNTY, CALIFORNIA. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its commercial arbitration rules then in effect before one arbitrator to be mutually agreed upon by both parties.

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any controversy, claim, action, or dispute arising out of or related to your use of the Site, or any dispute arising under or relating to the breach, interpretation, applicability, enforceability, or formation of these Terms and Conditions and HIGGS’s Privacy Policy, including any claim that all or any part of these Terms and Conditions and/or Privacy Policy is void or voidable.

 

Except as otherwise stated, these Terms and HIGGS’s Privacy Policy have been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The sole and exclusive venue for the resolution of any Dispute shall be Los Angeles County, California, and you consent to personal jurisdiction in California.

 

The parties acknowledge that the Terms and HIGGS’s Privacy Policy evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

No Class Actions

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HIGGS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERE TO, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE SITE, THE SERVICE, AND/OR TO THESE TERMS OF USE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE SITE, AND/OR TO THESE TERMS OF USE.

Miscellaneous

The Terms, together with the Privacy Policy, constitute the entire agreement between you and HIGGS governing your use of the Site, superseding any prior agreements between you and HIGGS with respect to the Site.

 

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal and enforceable. The failure of HIGGS to enforce any right of the provisions in the Terms shall not constitute a waiver of such right or provision. In the event that any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

 

We do not represent that materials on the Site are appropriate or available for use in your location. Persons who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

These Terms are subject to change at any time without notice. We may revise these Terms at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

 

You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.

Last Revised: August 22, 2024

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