Highnote Platform, Inc.Terms of Use

Last Updated July 26th 2021

Effective Date

The Terms of Use is effective July 26, 2021 for all Subscribers of the Highnote Platform (“Highnote”) who created an account on or after July 26 2021. In order to have a Highnote Platform account, you accept and agree to the terms and conditions outlined on this page.

Please read on to learn the rules and restrictions that govern your use of the following online services: (i) the Highnote Platform website located at https://www.highnoteplatform.com and all of our other websites to which these Terms are posted (the “Websites”); and (ii) any services, content, communications, and product features relating to the Website ((i) through (ii) collectively, the “Services”).

Should you have any questions, comments, or concerns regarding these terms or the Services, you may contact us using the details described under section Contact Information.

General Terms

These Terms of Use (the “Terms”) are a binding contract between you and HIGHNOTE PLATFORM, INC. (“Highnote,” “we” and “us”). Your use of Highnote’s Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies.

These Terms govern your use of the Highnote Platform Services, including your use of the Services to access the website operated by Highnote Platform to manage or conduct transactions on the Highnote Platform demand deposit account (the “Highnote Platform Account”) or the Highnote Platform Debit Card (“Highnote Platform Card”), both of which are made available by our partner bank (“Bank”) in agreement with Highnote Platform. The Highnote Platform Account and Highnote Platform Card are governed by the Bank’s account terms and any other documents provided to you by or on behalf of Bank (collectively, “Partner Terms”), and by using the Highnote Platform Services to access the banking services offered by Bank, you are agreeing to be bound by the Partner Terms.

Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference; and, you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration as outlined in our Cardholder Agreement. Please note that your use of and access to our services are subject to the following terms. By using Highnote Platform’s services, you are agreeing to these terms. If you do not agree to all of the terms provided, you may not use and/or cease use of or access to the Services in any manner.

Arbitration Notice and Class Action Waiver: Except for certain types of disputes described in the Arbitration Agreement section of our Cardholder Agreement, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Highnote Platform is an all-in-one card issuance and processing platform dedicated to helping Subscribers (“Clients” or “you”) use a holistic approach to issue virtual debit cards and create embedded finance experiences. These Terms of Use (“Terms”) govern your use of the platforms upon which products and services are provided by Highnote Platform and its affiliated businesses. (collectively “Highnote Platform.”, “we”, “us”, or “our”). For purposes of these Terms, the Site, and our services are collectively called the “Services.”

It is important to note that these Terms govern your use of the site, Highnote Platform Services, and your publication of or access to any Highnote Platform content. By clicking “I Agree”, downloading, using, configuring, or accessing the Services, publishing or accessing any of Highnote Platform content or otherwise signifying your acceptance of these Terms, you represent and warrant that (A) you are authorized to enter into these Terms for, and are doing so, (B) you can legally enter into these Terms and (C) you have read and understand and agree that you and each user shall be bound by these Terms of use and Highnote Platform© Privacy Policy and all modifications and additions provided for. If you do not agree to these Terms of Use or the Privacy Policy, please do not use any of the Highnote Platform Services or Products. By using Highnote Platform's Services, Platform, and Products, you are agreeing to and accept these Terms of Use.

Highnote Platform Services and Eligibility

To access and use the Site, other Highnote Platform Services, and to publish or access any Highnote Platform content, (“Content”) you must be at least 18 years of age. You must be a commercial entity operating in the U.S.. You must also agree to Highnote Platform’s Agreement via E-Signature or Checkbox, which means your acceptance of these Terms and all other agreements with Highnote Platform, such as our Privacy Policy and ACH Authorization, are effective and binding on you just as if you had signed the document with pen and ink, and you agree all communication with you related to Highnote Platform and any Highnote Platform product or service may be in electronic form.

By accessing or using any of the Highnote Platform Services, publishing, or accessing any Highnote Platform Content, you represent that:

  • You have not been previously suspended or removed from any of the Highnote Platform Services;
  • You confirm that you are of Legal Age to form a binding contract with Highnote Platform;
  • You are using Highnote Platform Services and Content for legitimate purposes, are not participating in illegal or illicit activity, and are not circumventing applicable laws;
  • You will comply with these Terms and all applicable Local, State, and National and International Laws, Rules and Regulations; and,
  • You are not a competitor of Highnote Platform and do not intend to use the Site or any of the Services for reasons that are in competition with Highnote Platform or otherwise to replicate some or all of the Highnote Platform Services for any reason.

We are constantly trying to improve our Services and these Terms may need to change along with our Services. We reserve the right to change the Terms at any time. If Highnote Platform updates these Terms, it will update the “Effective Date” at the top of the Terms. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, you are agreeing to the changes and current version of the Terms.

When you sign up for an account you will be required to provide us with certain information or data to create and service your account. This includes, but is not limited to your contact details and information, business activities, business details, due diligence materials, beneficial owner(s), and controller(s). We may contact you as part of our due diligence process when reviewing information provided to request further documentation to mitigate risks. You must provide us with accurate, complete, and updated registration information about yourself and your business. You may not transfer your account to anyone else without our prior written permission approving the change. You will not share your account with anyone, and you are responsible for any activity associated with your account.

A business cannot register for banking services through the Highnote Platform Services. You may create a reasonable number of accounts with Highnote Platform where appropriate. We reserve the right to restrict the number of accounts a business can create. You will only use the Services for your own use, and not on behalf of or for the benefit of any third-party, and only in a manner that complies with all laws that apply to you and your business. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services and we reserve the right to act on it, including but not limited to freezing, or blocking your account activity, holding your funds in a reserve, and terminating your account. We cannot and will not be responsible for your using the Services in a way that breaks the law or violates these terms.

Through the Highnote Platform Services, you may open a Highnote Platform Account and Highnote Platform Card. Your Highnote Platform Account and Highnote Platform Card are governed by the Partner Bank Terms and Conditions for your Highnote Platform Account. By opening your Highnote Platform Account or conducting any activity and/or transaction involving either the Highnote Platform Account or Highnote Platform Card, you agree to the terms in the Terms and Conditions for your Highnote Platform Account, as applicable. If there is a conflict between the provisions in this Section and the provisions of the Terms and Conditions for Your Highnote Platform Account with respect to the Highnote Platform Account and Highnote Platform Card, as applicable, the provisions of the Terms and Conditions for your Highnote Platform Account will control to the extent of the conflict. You also agree to the Partner Terms and Additional Terms. To report a complaint relating to your Highnote Platform Account and/or Highnote Platform Card, email support@highnoteplatform.com.

You hereby authorize Highnote Platform, directly or through third-parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/mobile telephone number, or financial instruments, and verifying your information against third-party databases or through other sources. This may occur throughout the lifetime of your account to assess risk associated with your account, verify your credentials, and use of the account is legitimate, in addition to when you apply for Highnote Platform Services to obtain a Highnote Platform Account and Highnote Platform Card.

We use Third-Party Service Providers to gather your data from financial institutions and provide such data and your instructions to initiate funds transfers. By using the Services and the Highnote Platform Account or Highnote Platform Card, you grant us and these companies the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institutions. You agree to your personal and financial information being transferred, stored, and processed in accordance with the Privacy Policy.

Privacy

Highnote Platform takes the privacy of its members very seriously. The current Highnote Platform Privacy Policy.

Please note that the terms of this Agreement must be handled with strict confidentiality. Our goal is to make the Highnote Platform Services as good, useful, and rewarding for you as possible. In order to do that, Highnote Platform may collect and process information from you when you use the Highnote Platform Services. Highnote Platform will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing or using the Site or any of the other Highnote Platform Services, you agree that Highnote Platform may collect, use and disclose, as set forth in the Privacy Policy, the information you provide when you access and use any of the other Highnote Platform Services, and in some cases, information that is provided by or through any of Highnote Platform Services.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. As Highnote Platform requires individuals to be 18 years of age, we do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@highnoteplatform.com.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any members with whom you interact in using the Services and are not responsible for which members gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Third-Party Data & Privacy

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Highnote Platform. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Highnote Platform is not responsible for such risks.

Highnote Platform has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Highnote Platform will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. You agree that Highnote Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between members of the Services, or between members and any third-party, you agree that Highnote Platform is under no obligation to become involved. In the event that you have a dispute with one or more other members, you release Highnote Platform, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Termination

You are free to terminate use of the Highnote Platform service at any time by contacting us at support@highnoteplatform.com. Please refer to our Privacy Policy, as well as these Terms, to understand how we treat information you provide to us after you have stopped using our Services.

Highnote Platform is free to terminate, suspend access to, and freeze or hold your use of Services or your account for any reason in our discretion, including your breach of these Terms, ACH Authorization, Deposit, Card Account Terms, Partner Terms, or Additional Terms. Highnote Platform has the sole right to decide whether you are in violation of any of the restrictions set forth in these terms. Your compliance with the Terms is required to utilize the Highnote Platform Services.

Account termination may result in destruction of any Content associated with your account. Keep this in mind before you decide to terminate your account.

If you have closed your account by mistake, contact us immediately at support@highnoteplatform.com. We will try to help restore your account, but unfortunately, we cannot promise that we can reactivate, recover, or restore it.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Unauthorized Use

Program and Account Utilization

In the event that your use of Highnote Platform’s Services or your conduct violates these Terms, applicable laws, and/or is deemed unauthorized, Highnote Platform reserves the right to act on it and/or terminate your account. Action can include, but is not limited to: placing a reserve on your funds with notice of terms, suspending or freezing account holders as well as creation of them, blocking transactions, reversing a transfer or transaction, and restricting use to programs or Services. We require that you cooperate with Highnote Platform to mitigate any fraud or compliance risks associated with, but not limited to your use of Services, account activity, deposits, and transaction activity. Highnote Platform may contact your Account Holders as part of a verification process to reduce risk, ensure legitimate use of the platform, and prevent unauthorized behavior or fraud. You agree that Highnote Platform may take actions without advanced notice pending immediate action is needed to address potential fraud, illegal activity, unacceptable behavior by our Partner Banks or Card Networks, and security threats. Highnote Platform will attempt to communicate with you prior and provide advanced notice with actions taken.

Restrictions on Right to Use

Unless otherwise expressly stated in these Terms or you receive Highnote Platform’s prior written consent, you may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as follows:

  • Your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing it.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, promotion or endorsement on our part, unless you first obtain our express written consent.
Highnote Platform may provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain content on the App.
  • Send e-mails or other communications with certain content, or links to certain content, on the App.
  • Cause limited portions of content on the App to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, including the host sites’ terms of use.

We may disable all or any social media features and any links at any time without notice in our discretion.

Without limitation, you shall not:

  • Modify copies of Content.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of Content.
If you wish to make any use of any Content other than as set forth in these Terms, please submit your request to support@highnoteplatform.com.

If you violate any of these restrictions, Highnote Platform may immediately terminate your right to use and access the Content and any of the Highnote Platform Services. Any use of the Highnote Platform Content and any of the Highnote Platform Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. As provided herein, Highnote Platform does not permit copyright infringing activities on the Highnote Platform Services, and Highnote Platform shall be permitted to terminate access to Highnote Platform Services.

Unauthorized Use Termination

You agree that Highnote Platform in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of any of the other Highnote Platform Services or any account (or any part thereof) that you may have with Highnote Platform and remove and discard all or any part of your account, user profile, at any time. Highnote Platform may also in its sole discretion and at any time prohibit you from accessing any of the Highnote Platform Services, or any part thereof, with or without notice. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Highnote Platform may have at law or in equity.

BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD Highnote Platform HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Highnote Platform DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Highnote Platform OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement

Highnote Platform requires all of our Subscribers to comply with U.S. copyright and related laws. Accordingly, all Subscribers and other Users (including you) may not disseminate any material or content using the Site or the other Highnote Platform Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any User to access the Site and the other Highnote Platform Services if any such contributor or other User is either found to infringe third-party copyright or other intellectual property rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Highnote Platform's) rights.

Subject to these Terms, we grant each member of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (e.g., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Highnote Platform owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this Section still apply.

Content Disclaimer

You understand that when using Highnote Platform Services, you may be exposed to Content or other materials from a variety of sources, and that Highnote Platform is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Highnote Platform with respect thereto. Highnote Platform does not endorse any Content or any opinion, recommendation or advice expressed therein, and Highnote Platform expressly disclaims any and all liability in connection with such Content. If notified by a User or a content owner of any Highnote Platform Content that allegedly does not conform to these Terms, Highnote Platform may investigate the allegation and determine what recourse (if any) it might have. For clarity, Highnote Platform does not permit copyright infringing activities on or through any of the Highnote Platform Services.

Third-Party Sites

Highnote Platform may include links, directory listings or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These links, directory listings or references may include affiliate marketing, sponsored posts, the websites referenced or owned by our contributors, other unaffiliated websites that we think may be of interest to our Users and billing and payment services. Highnote Platform does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of Highnote Platform Services are solely between you and such advertisers. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.

Ownership; Proprietary Rights

The Highnote Platform Services are owned and operated by the visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Highnote Platform Services provided by Highnote Platform (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names are proprietary to Highnote Platform or its affiliates and/or contributors or third-party licensors. Except as expressly authorized by Highnote Platform, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Highnote Platform reserves all rights not expressly granted in these Terms.

Indemnification

You agree to indemnify, defend, and hold Highnote Platform, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Content, or any of Highnote Platform Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Highnote Platform reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Highnote Platform and you agree to cooperate with Highnote Platform’s defense of these claims. Highnote Platform will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree to indemnify and hold the Highnote Platform Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third-party using your account), Highnote Platform Account, Highnote Platform Card, and related banking or other financial products and services provided by Radius Bank (or other financial institutions) through the Highnote Platform Services, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Disclaimers

“As Is” and “As Available” and “With all Faults”

YOU EXPRESSLY AGREE THAT THE CONTENT, OR ANY OF THE OTHER Highnote Platform SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE APP OR ANY OF THE OTHER Highnote Platform SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

Accuracy

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY Highnote Platform, Highnote Platform PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT AND THE OTHER Highnote Platform SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to Your Computer

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT, INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE Highnote Platform SERVICES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability

Limitation of Liability

Highnote Platform and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Highnote Platform and all such parties together, the “Highnote Platform Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Highnote Platform Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Highnote Platform Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY Highnote Platform (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL Highnote Platform PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE APP, THE CONTENT, OR ANY OF THE OTHER Highnote Platform SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH Highnote Platform OR ANY OTHER CLIENT OR CONTRIBUTOR, EVEN IF Highnote Platform OR A Highnote Platform AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Highnote Platform’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Third-Party Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD-PARTIES OTHER THAN Highnote Platform AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE Highnote Platform SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

Limitations by Applicable Law

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Geographic Restrictions

Highnote Platform is based in the state of California in the United States. Highnote Platform makes no claims that accessing or using or that any of the Highnote Platform Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Highnote Platform Services may not be legal by certain persons or in certain countries. If you access any of these Highnote Platform Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Highnote Platform with respect thereto.

Disclosures

The Highnote Platform Services are offered by Highnote Platform, Inc., located at 548 Market Street, Suite 43615, San Francisco, California 94104 and by email at support@highnoteplatform.com.

If you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.

Modification of Terms

Highnote Platform reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Highnote Platform website. If Highnote Platform updates these Terms, it will update the “Effective date” at the top of the Terms. Please check these Terms periodically for changes. Your continued use of the Highnote Platform Services after the posting of changes constitutes your binding acceptance of such changes. Highnote Platform may provide notice through a pop-up or banner within any of the Highnote Platform Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Highnote Platform may require you to provide consent by accepting the changed Terms.

IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL Highnote Platform SERVICES.

To the extent that any modifications to the Terms are not allowed under applicable laws, the prior most recent version of the Terms shall continue to apply.

Contact Information

If you have any questions, comments, or complaints concerning our privacy practices please contact us at any of the following.

548 Market Street, Suite 43615
San Francisco, California 94104
support@highnoteplatform.com

We will attempt to respond to your requests and to provide you with additional privacy-related information. If you are not satisfied with our response, you may have a right to lodge a complaint with your local supervisory authority.