Legal
Terms of Service
These Terms of Service (these “Terms”) govern the consulting services (the “Services”) provided by High Street Management Enterprises, LLC d/b/a High Street Management (“HSM”) to clients who engage HSM (“you” or the “Client”) through this website (the “Site”) or otherwise. By engaging HSM’s Services, you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. These Terms constitute a legal agreement between HSM and you. We suggest that you review these Terms and print a copy to be maintained in your records.
1. Engagement. The Client hereby engages HSM and HSM hereby agrees to provide to the Client, the Services, in accordance with the terms and conditions set forth herein. Use of the Site is intended for adults only. If you are a minor, which for purposes of these Terms is a person under 18 years of age, you must obtain express written permission from your parent(s) and/or legal guardian(s).
2.General Obligations of the Parties.
(a) Performance by HSM. HSM shall at all times act diligently and efficiently in performing Services pursuant to these Terms.
(b) Performance of Client. The Client shall provide information, documentation and assistance as reasonably necessary in order that HSM may accomplish its obligations to provide Services hereunder in a timely manner.
(c) Good Faith Cooperation. HSM and the Client will use good faith efforts to cooperate with each other in all matters relating to the provision and receipt of Services hereunder.
3. No Representations or Warranties. The parties hereto acknowledge and agree that all Services performed bu HSM and/or deliverables made hereunder shall be performed and/or delivered on an “AS IS, WHERE IS” basis with NO WARRANTIES, EITHER EXPRESS OR IMPLIED. HSM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HSM makes no guarantees regarding the availability of the Site or the Services (including the availability of any specific Services). HSM reserves the right, in its sole discretion, to discontinue the Site or Services and/or modify the contents of the Site or the terms of the Services as HSM sees fit, including but not limited to, the price for Services, descriptions, and other e-commerce related information and/or functionality. You agree that HSM will not be liable to you for any such discontinuance or modification of the Site or the Services.
4. Privacy Policy. HSM takes your privacy issues seriously. Please review our Privacy Policy which also governs your use of the Services, including information HSM collects and obtains and its use of such information.
5.Limitation of Liability.Except in the event of fraud, gross negligence or willful misconduct, HSM’s aggregate liability in connection with these Terms and the provision of Services, regardless of the form of action giving rise to such liability (whether in contract, tort or otherwise), shall not exceed the aggregate compensation paid to HSM by the Client under. Under no circumstances shall HSM be liable for any exemplary, special, indirect, consequential or incidental damages of any kind, including, without limitation, lost profits, even if HSM has been advised of the possibility of such damages.
6. Relationship Between Parties. HSM shall at all times be an independent contractor of the Client. Nothing contained in these Terms shall be construed to constitute either party hereto as the partner, joint venturer, employee, agent or other representative of the other party hereto.
7. Severability. In the event that any of the provisions, or portions thereof, or interpretations by the parties or by either party of any provisions, or portions thereof, of these Terms are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions or interpretations thereof, shall not be affected thereby.
8. Headings. The headings of these Terms are for convenience of reference only and shall not limit, or be used as an aid in construing, the provisions of these Terms.
9. Entire Agreement. These Terms set forth the full and complete understanding of the parties with respect to the Services to be performed by HSM for the Client and supersedes all previous understandings, written or oral, which may have existed relating to the Services to be performed by HSM.
10. Choice of Law; Venue. These Terms shall be deemed to be executed in the State of New York and shall be interpreted and enforced according to the laws of the State of New York. Only the federal and New York State courts in Onondaga County, New York shall have jurisdiction over these Terms and any controversies arising out of these Terms, and any controversies arising out of these Terms shall be submitted only to such courts. The parties hereto hereby submit to the jurisdiction of such courts for the purposes of interpretation and enforcement of these Terms.
11. Contact. Please direct all inquiries and other communications relation to the Site and/or the Services to:
High Street Management
terms@highstmgmt.com
12. Prohibited Conduct. Use of the Site or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution.
Furthermore, without limiting other remedies, HSM may immediately issue a warning and/or temporarily or indefinitely suspend or terminate, at its sole discretion, your privilege to use and access the Site if you breach these Terms HSM reserves the right to deny access to the Site and/or any elements of the Site to any person at any time and for any reason.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MAY NOT ACCESS OR UTILIZE THE SITE.