Please read the following carefully as it governs your use of the Web pages hosted by www.HiRiseCamera.com and/or its various affiliates and partners that are owned or managed by Hi Rise Camera (collectively referred to as “Hi Rise Camera”, “we” or the “Site”). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the Hi Rise Camera Site.

1. YOUR OBLIGATIONS.

In consideration of your use of our Site, you represent that you are at least 18 years of age. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s purchasing and registration forms. You acknowledge that you have no ownership rights in your account. If you or Hi Rise Camera cancels your account, all your account information, including forms, Documents, cover letters and any other information you provided, created or associated with your Account will be deleted and removed from any public area of the Sites. You hereby represent and warrant 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 these Terms of Use or by applicable law.

2. USE OF SITE CONTENT AND MATERIALS.

Hi Rise Camera grants you a non-exclusive, non-transferable, revocable license (a) to access (but not through scraping, crawling or other technology or software used to access data without the express written consent of Hi Rise Camera) and use the Site strictly in accordance with this Agreement; (b) to share your results with friends, relatives and trusted advisors for the purpose of assisting you with your personal matters or educating them about the availability of Hi Rise Camera.

3. TERMS OF PURCHASE.

By purchasing any Hi Rise Camera product, you acknowledge that you have read, understood, and agree to comply with Hi Rise Camera’s terms of service and all related policies. Credit cards payments are accepted directly on this website. In order to purchase products, you must select a payment method and provide accurate billing and payment information when prompted. You agree to pay Hi Rise Camera for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Hi Rise Camera to charge your designated payment method for such charges. If Hi Rise Camera, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Hi Rise Camera or its operators. Price and availability of any product or service offered through the Site are subject to change without notice. To pre-pay with a check, contact our sales team directly at (877) 305-1950.

4. RETURNS.

We want you to be 100% satisfied with our products and services. If you are less than satisfied or feel there has been an error in billing, please contact us immediately so that we can help you resolve the issue. If you are not satisfied with your purchase, you may return eligible products and request a refund within 10 days of receiving the initial shipment. All returned products must be in their original condition and packaging. Refunds are subject to a 25% restocking fee. After 10 days, all sales are final and no refunds are granted. Shipping charges paid by the customer for the purchase of the item being returned, are not refundable. All return shipping charges of the product are to be paid by the customer. On used or refurbished electronic products, all sales are final, as no refunds are granted. All 4K video cameras, whether purchased individually or as part of a tower and/or monopod system, are non-returnable and non-refundable. Tower and/or monopod system products that include a 4K video camera may be eligible for return, but the 4K video camera itself is non-returnable and non-refundable. If a return is requested for a tower or monopod system that includes a 4K video camera, the portion of the product representing the 4K video camera will be excluded from the refund. A proportional value for the 4K video camera will be determined and deducted from the refund amount, with that value assigned solely by Hi Rise Camera at the time of the return/refund request. This policy applies regardless of the return eligibility of the tower or monopod system itself. All telescopic poles purchased as individual items are also non-returnable and non- refundable. Telescopic poles purchased individually are covered by a two year manufacturer’s warranty. Any damages to the product will be deducted from the refund amount to be refunded to the customer and are at the sole discretion of Hi Rise Camera. Returns can be accepted only on brand new factory-packed merchandise. Items that have been used, damaged, or altered will not be accepted and are not eligible for return or refund. If the customer would like to return an item, call for a Return Authorization Number (RAN) /Return Merchandise Authorization number (RMA) and ship fully insured, and freight charges prepaid by the customer. Returns without RAN/RMA number or sent freight collect will be rejected. Customer must return merchandise within 10 days of receiving the RAN/RMA number. If the customer does not return the merchandise within 10 days of receiving the RAN/RMA number, the merchandise will no longer qualify for a return or refund.

5. SHIPPING POLICY.

Shipping is conducted Monday-Friday 9am-4pm CST. Overnight or priority shipments cannot be shipped until the following or current business day. Delivery of merchandise if agreed upon shall take place according to original agreement unless special circumstances prevent Hi Rise Camera from delivering at that previously designated item, in which case Hi Rise Camera shall have a reasonable period of time in which to make delivery of the item (as purchased). Customer must be present to accept delivery. In the event that customer is unable to take delivery of the purchased item (at the originally agreed time and said customer fails to give Hi Rise Camera reasonable notice of such inability), there might be an additional charge for a second delivery.

6. WARRANTIES.

To activate your warranty, you must register your unit by contacting the Hi Rise Camera Support Team at (877) 305-1950. Hi Rise Camera warrants the structural aluminum components and brackets of its tower and monopod systems against defects in materials and workmanship for a period of ten (10) years from the original date of purchase, applicable only to the original purchaser and non-transferable; eligibility for repair or replacement is subject to evaluation by Hi Rise Camera Quality Assurance (QA) personnel and limited to components deemed by Hi Rise Camera, in its sole discretion, to be defective in materials or workmanship and that render the system non-functional. This warranty expressly excludes coverage for damage caused by user error, negligence, misuse, improper setup, insufficient anchoring, cosmetic wear, damage incurred during shipping or transportation, and any damage caused by a tower tipping over or falling, the occurrence of which shall void the warranty for all system components regardless of which part is affected. All determinations related to warranty coverage, eligibility, and qualification for repair or replacement shall be made solely by Hi Rise Camera, and the customer shall be solely responsible for all shipping charges related to warranty replacements; evaluation and repair costs, if applicable, are covered under the terms of this warranty. Electronic components and devices are covered under a one (1) year limited manufacturer’s warranty, beginning on the date of purchase and limited to defects in materials or workmanship; this warranty does not extend to any damage caused by user error, negligence, improper use, failure to follow installation instructions, environmental exposure, or failure to apply appropriate strain relief to cables and ports, and it expressly excludes refunds, with eligibility for repair or replacement subject exclusively to Hi Rise Camera’s discretion following QA evaluation and with all related shipping costs for replacement items borne by the customer. Hi Rise Camera electronics rain gear covers are water-resistant and suitable for outdoor use only when properly installed; improper installation or usage may result in water or environmental damage not covered under any warranty, and all Hi Rise Camera products, including rain gear covers, are used at the customer’s sole risk. Hi Rise Camera shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of use, data, revenue, or profits, arising from or related to the use or inability to use any Hi Rise Camera product, and warranty remedies are strictly limited to the repair or replacement of defective components as determined solely by Hi Rise Camera, to the maximum extent permitted by applicable law.

7. WARRANTY DISCLAIMER.

A. This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Hi Rise Camera disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

B. Hi Rise Camera does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hi Rise Camera does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. LIMITATION OF LIABILITY.

Hi Rise Camera shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hi Rise Camera has been advised of the possibility of such damages.

9. TYPOGRAPHICAL ERRORS.

In the event that a Hi Rise Camera product is mistakenly listed at an incorrect price, Hi Rise Camera reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hi Rise Camera reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hi Rise Camera shall issue a credit to your credit card account in the amount of the incorrect price.

10. TERM; TERMINATION.

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hi Rise Camera without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

11. USE OF SITE.

Harassment in any manner or form on the site, including via e-mail, ratings, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hi Rise Camera or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

12. PARTICIPATION DISCLAIMER.

Hi Rise Camera does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Hi Rise Camera is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Hi Rise Camera reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Hi Rise Camera in its sole discretion.

13. INDEMNIFICATION.

You agree to indemnify, defend, and hold harmless Hi Rise Camera, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

14. MISCELLANEOUS. 

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Hi Rise Camera products) shall be in the state or federal courts located in Dallas, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hi Rise Camera products) must be commenced within one (1) year after the claim or cause of action arises. Hi Rise Camera’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Hi Rise Camera may assign its rights and duties under this Agreement to any party at any time without notice to you. By purchasing, receiving, distributing, reselling, or otherwise obtaining any product manufactured or supplied by Hi Rise Camera, including any OEM or private label products made on behalf of a third party, you and any affiliated parties (including but not limited to partners, employees, contractors, agents, sub-distributors, or any end recipients) agree to be bound by the terms set forth herein. All Hi Rise Camera products, including their individual components, assemblies, physical or digital parts, design elements, functionality, software, firmware, and operational methods, whether or not patented, patent-pending, trademarked, or otherwise registered as intellectual property (“Hi Rise IP”), are proprietary to Hi Rise Camera. You agree not to, and shall not allow any third party to, disassemble, reverse engineer, decompile, duplicate, replicate, mimic, derive from, or otherwise copy or exploit any Hi Rise IP or product, in whole or in part, for any reason. This includes, without limitation, the development or manufacture of any product, part, or component that performs the same or substantially similar function, or achieves the same result, as any Hi Rise Camera product or component, whether or not such derivative includes alterations, modifications, or variations intended to avoid similarity or detection. This restriction applies regardless of whether the product is received directly from Hi Rise Camera or indirectly through resale, redistribution, or demonstration. These obligations apply to all customers, resellers, affiliates, partners, distributors, and any downstream parties and shall survive the termination of any agreement or transaction. Violation of this provision constitutes a material breach and may result in legal action including, but not limited to, injunctive relief and monetary damages. The failure of Hi Rise Camera to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Hi Rise Camera reserves the right to update or amend these Terms of Use at any time without notice by posting Updated Terms of Use to this web page, so you should visit this page often.

15. THIRD-PARTY LINKS.

In an attempt to provide increased value to our visitors, Hi Rise Camera may link to sites operated by third parties. However, even if the third party is affiliated with Hi Rise Camera, Hi Rise Camera has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hi Rise Camera. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hi Rise Camera seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

16. PROPRIETARY RIGHTS.

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Hi Rise Camera. The collective work includes works that are licensed to Hi Rise Camera. Copyright 2016, Hi Rise Camera ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Hi Rise Camera or purchasing Hi Rise Camera products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Hi Rise Camera or to purchase Hi Rise Camera products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Hi Rise Camera. You further agree not to change or delete any proprietary notices from materials downloaded from the site. All trademarks, service marks and trade names of Hi Rise Camera used in the site are trademarks or registered trademarks of Hi Rise Camera.

17. BINDING ARBITRATION.

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first contact Hi Rise Camera by email at support@hirisecamera.com, so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file for you before bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if Hi Rise Camera is unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with Hi Rise Camera, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Dallas, TX. The arbitrator’s decision shall be based upon the substantive laws of the State of Texas without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, Hi Rise Camera may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of Texas and waive any jurisdictional, venue or inconvenient forum objections to such courts.

18. PRIVACY INFORMATION.

Hi Rise Camera recognizes the importance of protecting the information that we collect from customers during the process of using the Hi Rise Camera site. For further information, please review our complete Privacy Policy which is fully incorporated by reference into these terms of use, here.