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ACCESS AND USE OF WEBSITE
You agree that as a User, you are authorized to visit, view and use the Website for internal use only and not on behalf of any other person or entity. For the purposes of these terms and conditions, “User” means a retail dealer of goods or services who has a contractual relationship with Heights.
You are solely responsible for maintaining the confidentiality of your User name and password and for all activities which occur during your use of the Website. You agree to immediately notify Heights of any unauthorized use of your password or any other breach of security known to you.
Heights will place information and materials concerning Heights and consumer retail installment applications and contracts on the Website for you to review and use. All software on the Website and all information and materials on the Website are the property of Heights or its licensors and are subject to U.S. and international copyright, trademarks and other proprietary rights and intellectual property rights laws. Except as expressly permitted under copyright law, no use of information or material from the Website is permitted except expressly in accordance with these terms and conditions or with the express written permission of Heights and any other applicable copyright owner. You agree that you do not acquire any ownership rights by virtue of downloading any copyrighted material from the Website. All rights not expressly granted hereunder are expressly reserved to Heights.
You represent and warrant to Heights that any information you submit to Heights through your use of the Website including, but not limited to, any information related to a consumer retail installment application or contract, is accurate and not misleading.
LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to other websites operated by third-parties. Unless Heights advises you otherwise in writing, any such linked sites are not under the control or Heights or its affiliates, and Heights is not responsible for the content of any such third party sites. Such links do not imply Heights’ endorsement or approval of material on any other site. It is your sole responsibility to take any necessary steps to ensure that material selected from such linked sites is free of viruses, worms, Trojan horses and such other harmful items. Heights and its affiliates are not responsible for and expressly disclaim all liability for damages of any kind arising out of your use of any such linked third-party sites, or reference to or reliance on information contained in such third-party sites.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEIGHTS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HEIGHTS AND ITS AFFILIATES DO NOT WARRANT THAT ACCESS TO THE WEBSITE OR USE OF THE WEBSITE OR TRANSMISSION TO OR FROM THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEIGHTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURATE, RELIABILITY, OR OTHERWISE.
ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
HEIGHTS, ITS AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF ANY OF THE FOREGOING, ARE NOT LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR THE USE OF THIS WEBSITE OR A LINKED WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR A LINKED WEBSITE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES OR HARMFUL CODE THAT MAY AFFECT A USER'S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THIS WEBSITE'S FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERROR, OR ANY FORCE MAJEURE. HEIGHTS DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR A LINKED WEBSITE. THE CONTENT, ACCURACY, AND OTHER LINKS PROVIDED BY THE LINKED WEBSITES ARE NOT INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY HEIGHTS. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON THIS WEBSITE OR A LINKED WEBSITE MAY INCLUDE INACCURACIES OR ERRORS AND HEIGHTS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HEIGHTS, ITS AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES OF ANY OF THE FOREGOING, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS PROCEEDINGS, DAMAGES AND COSTS, INCLUDING ATTORNEY'S FEES, RELATED TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE AND/OR THE SERVICES, THE ACTIONS OR OMISSIONS OF ANY THIRD PARTIES THAT HAVE SITES LINKED TO THE WEBSITE, HEIGHTS RELIANCE ON INSTRUCTIONS THAT ARE ACCOMPANIED BY YOUR USER NAME, PASSWORD OR ANY OTHER SECURITY DEVICE, OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
WAIVER AND SEVERABILITY
No delay or failure by Heights to exercise any right with respect to these terms and conditions shall be interpreted to be a waiver of any rights by Heights. If any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, the unenforceable provision will be modified by the court solely to the extent necessary to cause such provision to be enforceable and remaining terms and conditions shall be unaffected and shall remain binding on you.
ACCESS AND USE OF WEBSITE
These terms and conditions and your use of this Website shall be governed by all applicable federal laws of the United States of America and the laws of the State of Illinois. You consent to the exclusive jurisdiction of courts sitting in the State of Illinois in all disputes arising out of or relating to the contents or use of this Website.