Terms and Conditions

By using High 5 Connect Services, you agree to these conditions. Please read them carefully.

We offer a wide range of High 5 Connect Services, and sometimes additional terms may apply. When you use a High 5 Connect Service you also will be subject to the guidelines, terms and agreements applicable to that High 5 Connect Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.


PRIVACY

Please review our Privacy Notice, which also governs your use of Amazon Services, to understand our practices.


ELECTRONIC COMMUNICATIONS

When you use any High 5 Connect Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other High 5 Connect Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing


COPYRIGHT

All content included in or made available through any High 5 Connect Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of High 5 Connect or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any High 5 Connect Service is the exclusive property of High 5 Connect and protected by international copyright laws


LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, High 5 Connect or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the High 5 Connect Services. This license does not include any resale or commercial use of any High 5 Connect Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any High 5 Connect Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by High 5 Connect or its licensors, suppliers, publishers, rightsholders, or other content providers. No High 5 Connect Service, nor any part of any High 5 Connect Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of High 5 Connect. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of High 5 Connect without express written consent. You may not use any meta tags or any other "hidden text" utilizing High 5 Connect's name or trademarks without the express written consent of High 5 Connect. You may not misuse the High 5 Connect Services. You may use the High 5 Connect Services only as permitted by law. The licenses granted by High 5 Connect terminate if you do not comply with these Conditions of Use or any Service Terms.


YOUR ACCOUNT

If you use any High 5 Connect Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. High 5 Connect does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the High 5 Connect Services only with involvement of a parent or guardian. High 5 Connect reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


FEES AND PAYMENTS

You agree to pay to High 5 Connect any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.


SUBSCRIPTIONS

Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.


PRICE CHANGES

High 5 Connect may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. High 5 Connect will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.


Suspension and Termination of Services

By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.


By High 5 Connect. High 5 Connect may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. High 5 Connect may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. High 5 Connect may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after High 5 Connect has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, High 5 Connect may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. High 5 Connect may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where High 5 Connect may decide that we need to take immediate action without notice. High 5 Connect will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. High 5 Connect has no obligation to retain your Content upon termination of the applicable Service.


CHANGES TO TERMS

High 5 Connect may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the High 5 Connect website. If an amendment is material, as determined in High 5 Connect’s sole discretion, High 5 Connect will notify you by email. Notice of amendments may also be posted to High 5 Connect’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require High 5 Connect to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.


CHANGES TO SERVICES

High 5 Connect constantly changes and improves the Services. High 5 Connect may add, alter, or remove functionality from a Service at any time without prior notice. High 5 Connect may also limit, suspend, or discontinue a Service at its discretion. If High 5 Connect discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. High 5 Connect may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.


Disclaimers and Limitations of Liability

Disclaimers. While it is in High 5 Connect’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND High 5 Connect DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.


Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, High 5 Connect, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF High 5 Connect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.