IMPORTANT! PLEASE READ CAREFULLY.

THIS END USER ACCESS AND LICENSE AGREEMENT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THIS AGREEMENT ("EULA"), DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH HILVL, INC. ("HILVL," or "WE" or "OUR") OFFERS THE USER ("YOU") THE FOLLOWING COMPUTER INFORMATION SERVICES: AN ACCOUNT ALLOWING YOU TO ACCESS, VIA THE INTERNET, AN INFORMATION PROCESSING SYSTEM BY WHICH HILVL CREATES, GENERATES, STORES, DISPLAYS AND PROCESSES ELECTRONIC INFORMATION FIXED ON HILVL'S COMPUTER FILE SERVERS COMPRISING HILVL'S PROPRIETARY GAMESS, AND CERTAIN RIGHTS TO EXCHANGE INFORMATION WITH HILVL'S SYSTEM, AND TO USE, SUCH INFORMATION. IN ADDITION, THIS EULA SETS FORTH THE TERMS AND CONDITIONS ON WHICH HILVL OFFERS YOU A LICENSE TO USE THE GAMESS INTERFACE SOFTWARE CREATED BY HILVL TO ENABLE INTERACTION WITH HILVL'S SYSTEM. IF ACCEPTED BY YOU IN THE MANNER DESCRIBED BELOW, THE THEN-CURRENT VERSION OF THIS EULA SHALL APPLY EACH AND EVERY TIME YOU ACCESS HILVL'S SYSTEM OR PLAY THE GAMES.

BY PRESSING THE "I ACCEPT" BUTTON, AND CONFIRMING YOUR ACCEPTANCE BY PRESSING THE "CONFIRMED" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW AS THE SAME MAY BE AMENDED FROM TIME TO TIME. BY PRESSING THE "I DECLINE" BUTTON AT THE TIME OF INITIAL INSTALLATION, YOU DECLINE OUR OFFER, IN WHICH CASE, IF YOU ARE THE ORIGINAL PURCHASER OF THE GAMES CD-ROM SOFTWARE, YOU SHOULD CONTACT YOUR RETAILER FOR A REFUND, CONSISTENT WITH THE RETAILER'S RETURN POLICY. HILVL DOES NOT MANUFACTURE NOR DISTRIBUTE THE BOX VERSION OF THE GAMES. IN NO EVENT WILL YOU BE ENTITLED TO ANY REFUND OF SUBSCRIPTION FEES IN THE EVENT THAT YOU CHOOSE THE "I DECLINE" BUTTON DURING INITIAL INSTALLATION.
In the event you choose not to accept the EULA or by technical means bypass/disable the "I ACCEPT" and/or "CONFIRMED" buttons, then by installing, copying, downloading, accessing or otherwise using the GAMES, you agree to be bound by the terms of the EULA. Also, each and every time you access an Account, play, or enter or reenter the GAMES, you shall accept the terms and conditions of the EULA then in effect. If you have any questions regarding these terms and conditions, please contact customer service at "support@hilvl.com" or "support@highle.com".
THE THEN-CURRENT VERSION OF THIS EULA CAN BE FOUND ON HILVL'S WEB SITE AT HIGHLE.COM SHOULD YOU WISH TO CONSULT IT IN THE FUTURE. YOU ARE ENCOURAGED TO FREQUENTLY REVIEW THE EULA FOR CHANGES, AND TO PRINT AND STORE IT FOR FUTURE REFERENCE. YOU AGREE TO ACCEPT THE RESPONSIBILITY FOR THOROUGHLY REVIEWING THE EULA WHEN YOU FIRST ESTABLISH AN ACCOUNT AND EACH TIME YOU ARE PROMPTED TO DO SO BY THE GAMES. SEE THE SECTION BELOW CONCERNING MODIFICATIONS AND AMENDMENTS TO THE EULA. IN THE EVENT THAT A CHANGE HAS BEEN MADE TO THE EULA BETWEEN THE TIME THE BOX VERSION IS SHIPPED AND THE FIRST TIME YOU LOG ON TO ESTABLISH AN ACCOUNT, YOU WILL BE PROVIDED AN OPPORTUNITY TO VIEW THE THEN-CURRENT VERSION OF THE EULA AT THAT TIME.
3. SOFTWARE LICENSE
As to the interface Software, and accompanying documentation, the following licensing terms and conditions apply. You may install the Software on any single computer or game platform.You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network.
Neither this Agreement nor your Account entitles you to any subsequent releases of the Software, or to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.
Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, revocable license to use the Software solely in connection with accessing the System in order to play the GAMES via an authorized Account.
YOU MAY NOT , DISTRIBUTE, RENT, LEASE, LOAN, MODIFY OR CREATE DERIVATIVE WORKS, ADAPT, TRANSLATE, PERFORM, DISPLAY, OR SUB LICENSE THE SOFTWARE. YOU MAY NOT TRANSFER THE SOFTWARE, EXCEPT AS PART OF A TRANSFER OF YOUR ENTIRE ACCOUNT, IF PERMITTED BY THE EULA THEN IN EFFECT, OR EXCEPT AS PART OF THE TRANSFER OF YOUR COMPUTER ON WHICH THE SOFTWARE IS INSTALLED TO A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, A PUBLIC LIBRARY, OR A TAX-EXEMPT 501[c][3] ENTITY, OR TO ANOTHER CONSUMER; PROVIDED HOWEVER, THAT SUCH A TRANSFER OF YOUR COMPUTER DOES NOT, IN ITSELF, TRANSFER YOUR ACCOUNT.
You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management technology, circumvention or disabling of which is prohibited. If the Software is an update, any transfer must include the update and all prior revisions.
4. MISCONDUCT
The GAMES reflects a carefully balanced internal economy. HILVL has worked hard to build a world that does not repeat the mistakes of past on-line role-playing GAMES, and to strike a balance that we believe makes the GAMES enjoyable, challenging and fun for players of all levels. Therefore, there are certain practices that HILVL prohibits.
A. Hacks, Cheats, Macros, Modifications, and/or Changes to the GAMES; Account "Loading"
You may not use any of your own or third-party software to modify the GAMES Content to change GAME PLAY. You may not use our intellectual property rights contained in the GAMES Content or the Software, or any information accessible through the System, to create or provide any other means through which the System may be accessed and/or the GAMES may be played by others, as, for example, through server emulators.
You may not take any action that imposes an unreasonable or disproportionately large load on our System. You may not use in GAME PLAY macros or other stored rapid keystrokes, "dupes," "cheats" or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary GAME PLAY. You may not use your or third-party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the System to acquire items, currency, objects, character attributes or beneficial actions not actually acquired or performed in the GAMES.
You may not engage in any conduct or practice that results in an Account containing items, objects, currency, character attributes, rank, or status that are inappropriate for the level or rank of the character contained in the Account, i.e., "item loading," SUCH CONDUCT IS STRICTLY PROHIBITED AND SHALL CONSTITUTE A MATERIAL BREACH OF THIS EULA. Conduct prohibited shall include, without limitation, arranging, making or accepting in-GAMES transfers of items to a character without adequate in-GAMES consideration, thereby augmenting or aggregating items in the transferee character's Account and having the effect of increasing its value for purposes of an out-of-GAMES Account sale.
B. SELLING OF ITEMS AND OBJECTS
YOU MAY NOT TRANSFER, SELL OR AUCTION, OR OFFER TO TRANSFER, SELL OR AUCTION, OR BUY OR ACCEPT ANY OFFER TO TRANSFER, SELL OR AUCTION, ANY GAMES CONTENT, INCLUDING (WITHOUT LIMITATION) CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, CURRENCY, AND OBJECTS, OTHER THAN THROUGH A PERMITTED TRANSFER OF RIGHTS TO ACCESS AND USE AN ENTIRE ACCOUNT STRICTLY IN ACCORDANCE WITH THE TERMS OF THE EULA GOVERNING TRANSFERS OF ACCOUNT RIGHTS, NOR MAY YOU ENCOURAGE OR INDUCE ANY OTHER GAME PLAYER TO PARTICIPATE IN SUCH A PROHIBITED TRANSACTION. THE BUYING, SELLING, OR AUCTIONING OF CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, CURRENCY, OR OBJECTS WHETHER THROUGH ONLINE AUCTIONS (FOR EXAMPLE EBAY), NEWSGROUPS OR POSTINGS ON MESSAGE BOARDS, AND/OR ANY OFFER OR ATTEMPT TO DO SO, CONSTITUTES A VIOLATION OF THIS EULA AS WELL AS THE RULES OF CONDUCT FOR EACH GAMES. IN ADDITION TO VIOLATING THE EULA AND THE RULES, SELLING AND BUYING OF INDIVIDUAL CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, OBJECTS AND/OR CURRENCY CONSTITUTE AN UNAUTHORIZED MODIFICATION OF THE DATA COMPRISING THE ACCOUNTS INVOLVED IN THE TRANSACTION, AN UNAUTHORIZED MODIFICATION OF PROPRIETARY GAMES CONTENT, AN UNAUTHORIZED USE OF THE SYSTEM, AND VIOLATES HILVL'S INTELLECTUAL PROPERTY RIGHTS. MOREOVER, ENGAGING IN CONDUCT PROHIBITED BY THIS SECTION MAY ALSO CONSTITUTE MISAPPROPRIATION, AND/OR TORTIOUS INTERFERENCE WITH OUR BUSINESS AND/OR CONTRACTS, FALSE DESIGNATION OF ORIGIN, ENDORSEMENT OR SPONSORSHIP OF SUCH TRAFFICKING, AND TARNISHMENT OF THE GOODWILL IN NAME OF OUR GAMES.
5. MODIFICATIONS AND AMENDMENTS TO EULA
The terms and conditions of this EULA may be amended or modified from time to time by HILVL. The fact that the EULA has been amended or modified shall be communicated to you at the time you log in to your Account. You will be asked to review the revised EULA, and to indicate and confirm your acceptance by clicking "I ACCEPT," and "CONFIRMED" buttons in a dialogue box, as a condition of access to your Account. If you accept the revised EULA, you will be granted access to your Account.
If the revision alters a material term, and you, in good faith, determine that the modification is adverse to you and unacceptable, then you shall have the right to terminate the agreement and close your Account, or to terminate the agreement and hold open your Account for a period of sixty (60) days to allow you a limited period within which to transfer your rights to your Account pursuant to Section 1(E) of the EULA. You may exercise these rights by clicking the "I DECLINE" button. Upon clicking the "I DECLINE" button, you will then be prompted either to terminate the agreement and hold your Account open for a period of sixty (60) days to allow you to transfer your Account rights as set forth in Section 1(E); or to terminate the agreement and immediately close your account; then you will be prompted to confirm your choice. If you fail to confirm your acceptance of the revised EULA, or if you fail to confirm your election to either hold open your Account or to close your Account when prompted to do so, you will be deemed to have exercised your right to terminate the contract and close your Account. In any event, if you fail or decline to accept the revisions in the manner specified above, your access to the System will be discontinued, and all rights to access the System and play the GAMES granted under this EULA shall be terminated immediately. If you terminate the agreement because a revision is unacceptable to you, at your request, sent to HILVL via electronic mail, any prepaid access fees will be prorated as of the effective date of your termination, and any portion due to you will be refunded.
6. TERMINATION
A. By HILVL Upon Cessation of Any or All Information Services Offered Under EULA
In the event HILVL, in its sole discretion, ceases to provide any or all of the information services offered hereunder, then HILVL may terminate this Agreement, close all Accounts, and cancel all of the rights granted to you hereunder upon not less than thirty (30) days prior notice, which notice may be delivered via HILVL's "patching" system, or posted on HILVL's web site, or via electronic mail.
YOU HEREBY UNDERSTAND, AND ACKNOWLEDGE, THAT THERE IS NO GUARANTEE THAT HILVL SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING ON HILVL'S GAMES AND WEBSITES IS FOR ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF THE EXPERIENCE LEVEL OF YOUR CHARACTER AND/OR THE ITEMS YOUR CHARACTER ACCUMULATES DURING YOUR TIME PLAYING. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS HILVL LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS AND/OR ACCOUNT IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE SERVICE AS A WHOLE IS TERMINATED.
B. By HILVL for Breach
If you fail to pay access fees for certain services as and when they fall due; or you or anyone using any of your Accounts materially breaches the EULA, makes any unauthorized use of the System, or infringes the intellectual property rights of HILVL or any third party; or if we are unable to verify or authenticate any information you provide to us; or we become aware of GAME PLAY, chat or any player activity whatsoever within your Account which is, in our reasonable discretion, inappropriate and/or in violation of the Rules of Conduct of our games, then HILVL may terminate this Agreement, close all your Accounts, and cancel all rights granted to you under the EULA. Such termination shall be effective upon notice delivered via electronic mail, or any other means reasonably calculated to reach you.
NO REFUNDS FOR PREPAID ACCESS FEES SHALL BE GIVEN IN THE EVENT OF HILVL'S TERMINATION UNDER THIS SECTION. IN THE EVENT THAT HILVL TERMINATES THIS AGREEMENT UNDER THIS SECTION, AND CLOSES AN ACCOUNT PURSUANT TO SUCH TERMINATION, THEN HILVL RESERVES THE RIGHT TO TERMINATE ANY AND ALL OTHER ACCOUNTS THAT SHARE THE MEMBER NAME, PHONE NUMBER, E-MAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE CLOSED ACCOUNT.
Termination by HILVL under this section shall be without prejudice to or waiver of any and all other rights or remedies which HILVL may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.
C. By User
You may terminate this Agreement at any time, upon notice to HILVL, whereupon all your Accounts will be closed, and all rights granted to you hereunder will be cancelled, effective upon your notice. If you terminate, you will not be entitled to any prorated refund of prepaid access fees.
You may terminate this Agreement if you do not agree to any changes in access fees or billing policies, or to any amendment or modification of the EULA, by following the procedures set forth in Sections 2(e), and Section 5, respectively, whereupon access to all your Accounts will be terminated, and the rights granted to you hereunder will be cancelled, otherwise, you shall have the rights and obligations specified in those sections.
D. Discontinued and/or Closed Accounts
Users whose Accounts have been discontinued or closed may not access the System or play the GAMES in any manner or for any reason, including through any other Account, without the express written permission of HILVL. Users of active Accounts may not knowingly allow former users whose Accounts have been terminated to use the active user's Accounts.
IF EITHER PARTY TERMINATES THIS AGREEMENT FOR ANY REASON, ALL RIGHTS TO ACCESS THE ACCOUNT AND PLAY THE GAMES WILL BE TERMINATED. EXCEPT TO THE LIMITED EXTENT PROVIDED IN SECTION 5 OF THE EULA, IN THE EVENT OF TERMINATION, ALL THE ATTRIBUTES OF THE ACCOUNT, INCLUDING CHARACTERS, ITEMS AND CURRENCY ASSOCIATED WITH THE ACCOUNT WILL BE LOST. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING ON HILVL'S GAMES AND WEBSITES IS FOR ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF THE EXPERIENCE LEVEL OF YOUR CHARACTER AND/OR THE ITEMS YOUR CHARACTER ACCUMULATES DURING YOUR TIME PLAYING ON HILVL'S GAMES AND WEBSITES. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING ON HILVL'S GAMES AND WEBSITES OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS HILVL LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS AND/OR ACCOUNT IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE SERVICE AS A WHOLE IS TERMINATED.
7. PRIVACY OF IN-GAMES COMMUNICATIONS
You understand that you have no expectation of privacy regarding the communications you make in the GAMES, whether through private in-GAMES messaging or in open "chat," or in Chat Rooms, and that HILVL representatives may monitor all communications made by or received from you. You understand that you should never provide any private information to any other player in the GAMES, and will not hold HILVL responsible for the consequences of any such disclosure by you. Further, you understand that in playing the GAMES, you may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to HILVL, and we will take such measures as HILVL, in its sole business judgment, determines are reasonable when such behavior violates either the EULA or the Player's Rules of Conduct.
HOWEVER, HILVL DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING OR HARASSING WHILE YOU PLAY THIS GAMES. IN THE EVENT THAT HILVL CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), AND/OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, OUR GAMES OR YOUR TIME SPENT PLAYING THE GAMES, EVEN IF ANY OF THE SAME HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES SHALL BE LIMITED TO $100. THIS DISCLAIMER SHALL BE INDEPENDENT OF ANY OTHER LIMITATION ON REMEDIES SET FORTH HEREIN.
8. PARENTAL GUIDANCE
The GAMES has been given a "TEEN" rating, which means that parents may find it inappropriate for use by persons under the age of 13. While HILVL may choose to monitor and take action upon inappropriate GAMESplay, chat or links to the GAMES, it is possible that at any time there may be language or other material accessible on or through the Service that may be inappropriate for children or offensive to some users of any age. While HILVL has established Rules of Conduct for players accessing the Service, HILVL cannot ensure that other players will not provide User Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. HILVL does not as a matter of policy prescreen the content of the materials or communications transmitted by each player. HILVL will abide by the Children's Online Privacy Protection Act ("COPPA"), in that it will not collect any information about children beyond that necessary to establish an account and log into the GAMES, which you as a parent agree to as part of this EULA, and HILVL will not disseminate any such information to any third party unless compelled pursuant to paragraph 9 below.
9. DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
We cannot ensure that your communications within the GAMES and other personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you use to access the System and to play the GAMES for purposes of support and debugging. You agree that we may communicate with you via e-mail and any similar technology for any purpose relating to the GAMES, the System, the GAMES Content, and the Software and any services or software that may in the future be provided by us or on our behalf. You may choose to visit our web site at "F2PMMO.com" if the site offers services such as a GAMES theme chat room or other services of interest to you. You are subject to the terms and conditions, privacy customs and policies of HILVL while participating in any interactions on the site.
10. WARRANTY DISCLAIMERS; LIMITATION OF DAMAGES AND EXCLUSIVE REMEDIES; INDEMNITY
WE PROVIDE THE INFORMATION SERVICES OFFERED HEREUNDER, THE SYSTEM, THE ACCOUNT, THE GAMES CONTENT, THE USER CONTENT, THE GAMES, ALL OTHER SERVICES, AND THE SOFTWARE "AS IS." HILVL CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEM OR YOUR ACCESS TO THE SYSTEM, OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS CONTRACT, IF ANY, THE SYSTEM, ALL INFORMATION ACCESSIBLE THROUGH THE SYSTEM, THE ACCOUNT, THE GAMES CONTENT, THE USER CONTENT, THE GAMES, ALL OTHER SERVICES, AND THE SOFTWARE, ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AND EFFORT IS WITH THE USER AS TO COMPATABILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
YOU MAY ACCESS THE SYSTEM THROUGH YOUR ACCOUNT AT TIMES SUBSTANTIALLY OF YOUR OWN CHOOSING, BUT WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT. THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND HILVL'S REASONABLE ABILITY TO CONTROL. HILVL SHALL NOT BE LIABLE FOR BREACH OF WARRANTY OF THIS AGREEMENT IN SUCH EVENTS. YOU HEREBY UNDERSTAND THAT THERE IS NO GUARANTEE THAT HILVL SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING ON HILVL'S GAMES AND WEBSITES IS FOR ENTERTAINMENT PURPOSES ONLY, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF THE EXPERIENCE LEVEL OF YOUR CHARACTER AND/OR THE ITEMS YOUR CHARACTER ACCUMULATES DURING YOUR TIME PLAYING ON HILVL'S GAMES AND WEBSITES. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PLAYING ON HILVL'S GAMES AND WEBSITES OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS HILVL LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS AND/OR ACCOUNT IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE SERVICE AS A WHOLE IS TERMINATED.
FURTHER, IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE OR EXEMPLARY DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE OR PERSONAL INJURY) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE SYSTEM, THE GAMES, THE CD-ROM OR THIS AGREEMENT. THIS DISCLAIMER SHALL BE INDEPENDENT OF ANY OTHER LIMITATION ON REMEDIES SET FORTH HEREIN.
IN THE EVENT OF A MATERIAL BREACH OF HILVL'S OBLIGATIONS TO PROVIDE ACCESS TO AND USE OF YOUR ACCOUNT, THE SYSTEM, THE GAMES, GAMES CONTENT OR USER CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF ANY PAID ACCESS FEES ATTRIBUTABLE TO THE PERIOD OF WRONGFUL DENIAL OF SERVICE, OR THREE-MONTHS' ACCESS FEES, WHICHEVER IS LESS. IN THE EVENT OF A MALFUNCTION OF OR YOUR INABILITY TO USE THE CD-ROM IN BREACH OF HILVL'S OBLIGATIONS HEREUNDER, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A REPLACEMENT DISK.
IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN HILVL'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO DISTRIBUTOR, AGENT OR EMPLOYEE OF HILVL IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITION TO THIS WARRANTY.
Your use of the System and the GAMES, your access to your Account and your entering into the GAMES constitutes your agreement to defend, indemnify and hold harmless HILVL and its affiliated companies, employees, contractors, officers and directors from any claim or demand, including reasonable attorneys fees arising out of your use or misuse of the GAMES, your access to the System or your Account and your playing the GAMES, including a third party's use or misuse of your account and/or password.
PHOTO SENSITIVITY SEIZURE WARNING
A very small percentage of users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a video monitor, or while playing video GAMES attached to a television set, may induce an epileptic seizure. These conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.
If you or anyone in your family has an epileptic condition, consult your physician prior to playing. If you experience any of the following symptoms while playing a video or computer GAMES dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions-IMMEDIATELY discontinue use and consult your physician before resuming play.
11. GOVERNING LAW; EXCLUSIVE FORUM AND DISPUTE RESOLUTION PROCEDURE
THE EULA, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE LAWS OF THE STATE OF CALIFORNIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN CALIFORNIA BETWEEN CALIFORNIA RESIDENTS WITHOUT REGARD TO CHOICE OF LAW PRICILES. THE U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. IN THE EVENT THAT YOU RESIDE IN A JURISDICTION OUTSIDE THE UNTITED STATES OR CHOOSE TO ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU AGREE THAT THIS AGREEMENT SHALL BE INTERPRETED IN A MANNER MOST CONSISTENT WITH THE POLICIES UNDERLYING CALIFORNIA STATE LAW AS NEARLY AS POSSIBLE AND THE ORIGINAL INTENTIONS OF THE PARTIES EXPRESSED IN THIS EULA.?
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE EULA, OR OTHERWISE RELATING TO ANY RIGHTS IN, ACCESS TO OR USE OF THE SYSTEM, THE GAMES, GAMES CONTENT, USER CONTENT AND/OR THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN IN EFFECT. THE PARTIES ALSO AGREE THAT THE AAA OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.?
THE LOCATION OF THE ARBITRATION SHALL BE IN THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY AGREE TO ARBITRATE THERE, AND WAIVE AND AGREE NOT TO RAISE ANY AND ALL OBJECTIONS BASED ON PERSONAL JURISDICTION, VENUE, AND/OR INCONVENIENCE OF SUCH FORUM. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.?
YOU AND HILVL AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND ILLEGAL OR UNENFORCEABLE THAT PORTION SHALL BE SEVERED AND THE REMAINDER OF THE SECTION SHALL BE GIVEN FULL FORCE AND EFFECT. IF SECTION 12 IS FOUND TO BE ILLEGAL OR UNENFORCEABLE THEN NEITHER YOU NOR HILVL WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF SECTION 12 FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND YOU AND HILVL AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.
12. MISCELLANEOUS?
You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, your access to your Account and your playing of the GAMES. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with all applicable laws and regulations. By this EULA you acquire no express or implied rights in or to use HILVL's or its supplier's trade names, trademarks or service marks.?
If any part of the EULA 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 expressed in the EULA, and the remaining portions shall remain in full force and effect.?
Except as otherwise provided herein, you may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, this Agreement may not be modified or amended.?
All services hereunder are offered by HiLvL, Inc. 1982-B Zanker Rd. San Jose, California, United States of America, 95112. You can reach us during the hours of 10 am to 8 pm Monday through Friday Pacific time by e-mailing "support@hilvl.com" or "support@highle.com". Current rates for using the GAMES may be obtained from "Highle.com" , and such rates are subject to change at any time in accordance with the terms of the EULA then in effect. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.

Terms of Service for Highle.com reward system:

1. General / Overview

The following General Terms and Conditions shall apply exclusively to the business relationship

between Hilvl, Inc., its internet platform www.HighLe.com ("HighLe") and our users. By using

HighLe, the user accepts the following General Terms and Conditions, as well as the manner in

which HighLe and its bid Butler operate as described on the website www.HighLe.com.

Variations or alterations in the following Terms and Conditions shall only be binding upon Hilvl,

Inc. if agreed to in writing.

Any special promotions run by HighLe shall only be valid if they are announced on HighLe

website or in its corresponding email newsletter. Certain promotions may only be valid for a

limited time, and details of any such timings will be announced on the website or in a

newsletter. Once the advertised time limit of any such promotion has been reached, or the

relevant auction or auctions have ended, the promotion is also finished.

Any bidding advice or other written materials (for instance, help articles) posted on HighLe

are provided solely as suggestions and are not intended to be relied upon. HighLe is not liable

or responsible for any actions taken due to a user or other person having read or been told

about such advice or other written materials.

2. Eligibility to Participate / Registration with HighLe/ Disqualification

By placing a bid on HighLe, the user declares that they are legally capable of entering into

binding contracts and that they are at least 18 years old.

Full time employees and relatives of employees of Hilvl, Inc. are not eligible to participate in HighLe

auctions under any circumstances.

HighLe products and services are offered exclusively to private users and not to commercial

or partly-commercial resellers. HighLe reserves the right to exclude commercial resellers from

the participation in the auctions and to close their user accounts at any time.

Each user may register only once using their postal address (registration using PO Boxes or

equivalents is not permitted). Additionally, only one user registration per person is

permitted.

During the registration process, the user must choose a username. The username must not be

offensive, be selected to deceive or mis-inform other users, may not offend common decency

or infringe upon the rights of third parties. If HighLe receives information of a username which

is illegal or in breach of these Terms, this username can be amended by HighLe without prior

notice. The corresponding user password is to be kept secret by the user. User accounts

created during registration are non-transferable. The user account may be used only by the

user and not by anyone else. Any abuse of the user account, be it to the detriment of third

parties or to the detriment of HighLe, shall result in the disqualification of the user and the

reporting of a crime. In general, the user shall be liable for all activities that are undertaken

using the user account together with the associated password.

HighLe reserves the right to temporarily or permanently disqualify a user, or disable their

account at any time, and at its sole discretion. Users will be disqualified when in the reasonable

opinion of HighLe, a member has violated any laws or the rights of third parties. A user will be

disqualified if such action will protect the rights of other users, or to prevent unauthorized

manipulation or use of HighLe. Examples of such unauthorized usage include (but are not

limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of

multiple user accounts by the same individual. In case of a breach of these Terms, HighLe

reserves the right to withhold deliveries or refunds for bids.

Furthermore, HighLe reserves the right to limit the number of auctions a user may participate

in or the number of his successfully finished auctions at its sole discretion. Please refer to our

separate acceptable use policy for additional information.

3. Free Bids for Online Bidding / Payment / Validity of Bids

Bidding rights, so-called bids must be obtained before bidding. Free bids can be obtained

through Highe.com, and only those promotions annouced on highle.com is valid.

When a user won an auction, should a payment not be honored by a user,

HighLe reserves the right to block access to the user

account until payment in full of the invoice amount, including any fees due to returned

payment etc., and to withhold any outstanding deliveries until payment is received in full.

Bids and Voucher Bids are valid for one year after they have been credited to a user account.

Free Bids are only valid for the time stated in the promotion, in general only 30 days. Upon

expiration, they become void and can no longer be placed. Once a Bid is placed in an auction, it

is deducted from the user bid account and can no longer be refunded. Refunds will not be

issued for Bids placed in an auction, expired Bids, Voucher Bids and Free Bids. For further

information on refunds please see our Refund Policy.

4. Bidding / Use of the BidButler

Users can bid in two ways online. Bids can be placed by clicking on the relevant bid buttons, or

can be placed automatically by a BidButler.

The BidButler assists bidders in being able to bid on an auction even if they are not online at

that time. The BidButler automatically submits bids according to the specifications set in

advance by the user. The user can read about how the BidButler operates in the help section.

The user is prohibited from using bidding software not authorized by HighLe, and doing so will

result in immediate disqualification from use (see clause 2: Eligibility and the Acceptable Use

Policy).

5. How the Auctions Work / Buy it Now

With each bid placed the price of the item on which the user is bidding increases by the

amount specified. A bid submitted by the user constitutes willingness of a user to enter into a

binding contract with HighLe and in the event of a successful finishing of an auction, the claim

to receive a purchase offer for the item of the auction under the conditions set out in the

related auction. A contract to purchase the item does not come into effect until the auction is

finished and the last bidder has followed all the steps as set forth in clause number 6.

Each new bid resets the remaining time for an auction up to, but not above, the displayed

countdown reset value (usually, 10, 15 or 20 seconds). The one exception to this rule is when

two BidButlers bid against one another. For more information, please consult the help

section. The auction ends when the remaining time reaches zero. The user who was the last to

bid then wins the auction. All other bids placed on the item expire and will not be credited

back to the user's account or be eligible for a refund. The last bidder is determined based on

the records in HighLe's database and HighLe's decision regarding who is the last bidder shall be

final (save in the case of manifest error).

Some auctions offer the buy it Now option, where the users can purchase the product during

the time stated. When a bidder clicks on the Secure Payment button, the user agrees to

buy the product for the personalized purchase price. This price is based on the user's number

of bids placed at that particular auction. Free invite bids do not count towards the personalized

purchase prize. After buying the product with the Buy it Now option the user may no longer

participate in that particular auction. The final total purchase price (including sales taxes and

shipping costs) must be paid in full by the user within 14 days of the Buy it Now option

being exercised. If payment is not received within this time, HighLe is allowed to withdraw

from the purchase contract. Refunds will not be issued for Bids placed in an auction and

shipping costs.

6. Acceptance of the Win / Payment

After an auction has ended, the last bidder (winner must pay HighLe for the final sale price),

information such as total price (including shipping costs) and payment options will be displayed.

The user must actively confirm and pay the total price (end price plus shipping costs) for the

win by following the steps indicated on that page or elsewhere on the website. Once the

winner has clicked on the confirmation button the win is accepted. If an auction win has not

been confirmed and paid within 21 days of the auction end date, HighLe reserves the right to

withdraw the offer to conclude a contract and the winner right to pay for and receive

delivery of an item will be permanently revoked. All bids placed in that auction expire and are

non-refundable. The user must pay the total price when confirming the win. After confirming

the win and paying the amount due, the winner will receive a confirmation e-mail.

The item will not be sent to the user until the total price has been paid to HighLe. A similar

requirement for delivery is that all bids purchased and used by the user have been properly

paid for. Should bids that have already been purchased and used not have been paid for,

payments received shall be viewed as payment toward the bids not yet paid for, and we

reserve the right to retain the item purchased at auction until all bids and the total price have

been paid for in full. HighLe reserves the right to charge the winner reasonable storage

charges for items not paid for.

An invoice containing the auction price and shipping costs will be sent to the user by HighLe

once delivery has been arranged.

7. Returns and Cancellations

HighLe grants winners the right to cancel an order. This right is unconditional and begins from

the moment the contract is concluded. If a user cancels a contract to which the cancellation

provisions apply they are entitled to a refund of the auction end price they have paid in

relation to the contract even if the goods are not defective in any way. Bids placed on the

auction are not eligible for a refund. These cancellation rights end fourteen days after the day

on which a winner received the goods or a notification that the goods are ready for collection.

An exception to the right to cancel is audio or video recordings or computer software that the

customer has unsealed. These items are not eligible for return or refund.

If a user wishes to cancel the contract, they must inform HighLe in writing (by letter or email),

that they want to cancel within the time period noted above. Cancellations by phone will not

be accepted.

The following contact details must be used:

Hilvl, Inc.

1982-B Zanker road,

San Jose, CA 95112

support@HighLe.com

In order to complete a valid cancellation or return, a user must return the received product or

products in good condition, such as might be expected from typical testing in a retail store.

Costs of postage for returns will be paid by the user (unless goods are found to be faulty). If

the user is unable to return the service or product received or only able to return it in part or

only in a depreciated condition, he will have to pay compensation to us [the amount

refundable will be reduced proportionally], as applicable.

Should HighLe incur additional costs for insufficient postage on the return or for courier

shipments and other irregular shipping methods that are over and above postal shipping costs,

these costs will be deducted from any payment whatsoever remitted by the customer.

Sets/boxes can only be returned in their entirety.

8. Delivery

Unless otherwise stated, delivery will be made directly from our suppliers or from our

warehouse to the address provided by the user. Deliveries are made solely within the 50

states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto

Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the

delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the

auctions in advance. Delivery times vary and any delivery time indicated is provided only as a

guide and is not guaranteed. HighLe shall be entitled to involve third parties to satisfy its

contractual obligations without being required to notify the buyer. Obvious damage to the

item from transport or packaging damaged during transport is to be reported to HighLe upon

taking delivery.

Should HighLe not be able to deliver the item ordered, HighLe shall be entitled to substitute

the item with a comparable replacement product with the same or better features, or provide

a refund of the auction end price to the user based upon the user preference.

9. Offsetting / Withholding Payment / Retention of Title

The user shall only have the right to offset if his or her counterclaims are not disputed by

HighLe.

The user is not entitled by reason of any alleged minor defect to withhold more than a

proportionate amount of the sum due.

The item delivered shall remain HighLe property until payment is received in full of the total

price, including for the bids used in the auction. Until such time as payment has been made in

full the user undertakes to store the item separately from their other possessions and to

insure it.

10. Disclaimer of Warranty and Limitation of Liability regarding the Use of HighLe.

USER EXPRESSLY AGREES THAT USE OF HIGHLE INTERACTIVE IS AT USER'S SOLE RISK. NEITHER

HIGHLE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY

CONTENT PROVIDERS OR LICENSORS WARRANT THAT HIGHLE WILL BE UNINTERRUPTED OR

ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE

OBTAINED FROM USE OF HIGHLE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY

INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH HIGHLE.

HIGHLE IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW,

HIGHLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH

RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT

NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED

WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN

ADDITION, HIGHLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE

VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR

TYPOGRAPHICAL ERRORS.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE

OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN

OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT

OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,

WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY

OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT HIGHLE IS NOT LIABLE

FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES

AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT WILL HIGHLE, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A HIGHLE

AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF

THE USE OF OR INABILITY TO USE HIGHLE. USER HEREBY ACKNOWLEDGES THAT THE

PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON HIGHLE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HIGHLE, NOR ITS AFFILIATES,

INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE

CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN,

OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED HIGHLE, OR FOR

ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY

CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE

FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY

NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL

DAMAGES. NEITHER, HIGHLE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT

PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR

COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO

THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

11. Disclaimer of Warranty and Limitation of Liability regarding Purchases from HighLe.

All new products are sold with the manufacturer's limited warranty only. HighLe warrants

solely that the products sold to user under these terms shall have the characteristics specified

in HighLe specifications for such Products as set forth in the description of each auction and

assumes no further warranties. The warranty period and service varies by manufacturer and

product. The full text of any such warranty is available, free of charge, upon written request

mailed to HighLe. Warranty is excluded for the delivery of any used Products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE HIGHLE MAKES NO OTHER WARRANTIES,

EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES

PERFORMED BY HIGHLE OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH

ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A

PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND

DISCLAIMED.

HIGHLE SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING

FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE

CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY HIGHLE. IN NO EVENT SHALL

HIGHLE BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES

INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES

OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT

OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

12. System Outage / Temporarily Halted Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable

disruption in a system. In such a case, auctions will be temporarily halted and the remaining

times for the auctions, the current bidding price and the current highest bidder will be

maintained. After the disruption has been resolved, the auctions will be continued and 10

minutes will be added to the remaining times for the auctions. Temporarily halted auctions are

clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a

user account and are not eligible for a refund for bids used or other costs incurred.

With the currently available technology, it is not possible to develop and operate computer

programs (software) and data processing systems (hardware) completely without errors, or to

rule out any unpredictable events in connection with the internet (hereinafter referred to

collectively as t echnical faults. HighLe, therefore, provides no guarantee for the constant

and uninterrupted availability of its website and technical systems. In addition, but not subject

to, the provisions of clause number 10, HighLe shall not be liable for any damage whatsoever

incurred by auction users or third parties from using HighLe services. In particular, HighLe

shall not be liable for damage that occurs due to bids submitted by auction users not being

received by HighLe or not being received promptly or not being considered, as a consequence

of technical faults.

13. Trademarks

other trademarks appearing on HighLe are the property of their respective owners.

14. Service and Support for Products Purchased

All requests for technical service and support should be made directly to the manufacturer in

accordance with their terms and conditions.

15. Applicable Law / Severability Clause

This Terms of Use Agreement and your use of the website shall be governed by the laws of

the United States of America and the State of California without regard to its conflicts of laws

principles. Any legal action or proceeding related to this website shall be brought exclusively in

a federal or state court of competent jurisdiction sitting in California.

The UN Convention on the International Sale of Goods shall not apply.

16. Protection of Data: Collection, Processing, and Use of our Customers Personal Information

The protection of your data is very important to us.

For more information on the collection, processing, and use of personal data, please read our

17. External Links

Our website may contain links to other websites operated by third parties, and these sites may

likewise contain links to other websites. Despite conducting careful checks, we assume no

liability for the content of external links. The operators of the sites linked to and from this site

are solely responsible for their contents. We hereby expressly distance ourselves from all

content of any and all websites linked to the HighLe website. We cannot take any

responsibility for the content of the data protection and privacy guidelines of third-party

websites.

18. General

The contract between HighLe and users is binding on the parties and on their respective

successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any

contract formed under these General Terms and Conditions or any of their rights or obligations

without HighLe prior written consent.

HighLe has the right to revise and amend these General Terms and Conditions from time to

time in its absolute discretion but for reasons including but not limited to changes in market

conditions affecting HighLe business, changes in technology, changes in payment methods,

changes in relevant laws and regulatory requirements and changes in HighLe system

capabilities. All users will be subject to the policies and terms and conditions in force at the

time that they have successfully bid for items listed on the HighLe website, unless any change

to such policies or terms and conditions is required to be made by law or governmental

authority or HighLe notifies its users of the changes to such policies or General Terms and

Conditions before HighLe sends information relating to dispatch (in which case HighLe has the

right to assume that all successful winners have accepted the changes to the terms and

conditions unless notified to the contrary with 7 working days by the user of the items).

HighLe is the owner or licensee of all intellectual property rights on the HighLe website and the

material published on it. Those works are protected by copyright laws and treaties around the

world and all rights relating to the same are reserved. Users may print one copy and may

download extracts of pages for personal reference only. Users may not modify any paper or

digital copies of any materials printed or downloaded. Users must also not use any illustrations,

photographs, video or audio sequences or any graphics separately from any accompanying

text. Users must not use any part of the materials on the HighLe website for commercial

purposes.

This Agreement and any operating rules for HighLe established by HighLe constitute the entire

agreement of the parties with respect to the subject matter hereof, and supersede all

previous written or oral agreements between the parties with respect to such subject matter.

This Agreement shall be construed in accordance with the laws of the State of California,

without regard to its conflict of laws rules. No waiver by either party of any breach or default

hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal

import.

Note: We would like to advise all users to monitor their bidding practices. Users should pay

attention to their bidding practices and check their charges regularly.

Company's registered office: San Jose, California, United States of America

Liability note: Despite carefully examining the contents of all external links on our websites,

HiLvL cannot be made liable for the contents of external websites. The respective operators

of said websites are liable for the contents of their websites.