Terms of Use
1. By entering and using one or more of our web sites (“Site”), you agree to be bound by our web policies including these Terms of Use (“Terms”). If you do not agree with the Terms, please do not use this Site. Neither this Site nor Highlights for Children, Inc. (“HFC” or “we” or “us”) sells products for purchase by children. We sell children’s products for purchase by adults. If you are under 18, you may not make a purchase. We have two web sites for children’s use (www.highlightskids.com and www.puzzlemaniakids.com but our other web sites are for adults or for use with the involvement of a parent or guardian. See our online Privacy Policy which is incorporated by reference.
2. The Terms will be governed, interpreted, and construed by the laws of the State of Ohio, USA. In the event of a dispute regarding this Site, regarding goods sold or services provided on this Site, or regarding any of the information or recommendations on this Site, the dispute shall be heard exclusively in Federal or Ohio courts located in Franklin County, Ohio and their respective appellate courts. If you use this Site from other locations or countries, you are responsible for any and all applicable local laws and regulations.
3. By entering this Site, you agree that we may use and post any ideas, suggestions or comments provided by you without payment and that these may be used or posted with or without attribution at our discretion.
4. All prices referenced on this Site are listed in U.S. dollars. Orders may have shipping charges and/or sales taxes added, where applicable. Any prices on this Site are subject to change at any time with or without notice to you. If we make a mistake in pricing or other terms, we reserve the right to correct that mistake and give you the opportunity to resend your order on the correct terms. Any order for goods or services under this Site will be deemed a completed contract only when accepted by us in Columbus, Ohio.
5. HFC is the owner of this Site and owns or licenses all of the materials on the Site. You may use the materials found on this Site for noncommercial and informational use only. No portion of this Site, including text, images, audio, video, and/or data, may be copied, transmitted, distributed, downloaded, or modified unless you have received written permission to do so from HFC or as provided in these Terms. Your use of this Site or the materials on it does not create a license or any other rights in trademarks, service marks, copyrights, or other intellectual property or rights of HFC or any third party. By entering this Site or any other web site accessed by link from this Site, you agree that any name, copyright, trademark, or service mark on this Site is owned or licensed by HFC or a third-party owner or licensee and may not be used without written permission. Any unauthorized use of these materials may subject you to penalties and damages, including but not limited to damages relating to the violation of trademarks, service marks, and copyright policies. Where specifically indicated on the Site by HFC, certain items may be used by a teacher for classroom use by students at no charge or cost which includes the right of the teacher to print and/or photocopy one copy of the item selected for each student in the class. Where specifically indicated on the Site by HFC, you may download a Hidden Pictures® puzzle or other offered item for personal home use. No commercial or other uses are permitted.
6. Although this Site may be linked to other Web sites, HFC is not implying any endorsement, association, sponsorship, or affiliation with any linked site or any merchandise, products, or services offered through such a site, unless specifically stated. You acknowledge that HFC has no control over the content or other aspects of the sites that are linked to this Site, and is not responsible for the content or any other aspect of any off-site pages or any other site linked to this Site. You further acknowledge that HFC does not make any representations or warranties as to the adequacy of any security measures instituted in any such site relating to privacy of personal information, credit card information, or other matters you may be asked to supply.
7. We have tried to be prudent in setting our business practices and in selecting the various service providers who help us manage our websites, process credit cards and orders, and deliver the products. However, there is always risk in conducting business, especially over the Internet, and no systems can totally guarantee security. These are risks everyone accepts in using the Site.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: THE MATERIALS ON THIS SITE AND ANY GOODS SOLD OR SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THIS SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL HIGHLIGHTS FOR CHILDREN, INC. OR ANY OF OUR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THIS WEB SITE. IN THE EVENT OF ANY PROBLEM OF ANY KIND, YOUR SOLE REMEDY, AND HIGHLIGHTS FOR CHILDREN, INC.’S SOLE LIABILITY, SHALL BE THE PURCHASE PRICE OF THE GOODS PURCHASED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS, EXCLUSIONS OR DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. In accordance with applicable law, we reserve the right to release information concerning anyone using the Site where we have a good faith belief that this person or entity may be in violation of their obligations to us or may be involved in some unlawful activity, where we are responding to civil subpoenas or discovery requests, where we are attempting to protect the interests of our business, our customers or others, or where otherwise permitted or required by law. If you misuse or abuse this Site or the materials on it, you agree to indemnify HFC and hold harmless HFC from any and all claims, liabilities, demands, causes of action, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising out of or in connection with such misuse or abuse.
10. HFC reserves the right to change these Terms and our other policies at any time for any reason, without notice or obligation. We suggest that you periodically review this portion of the Site.
11. We want everyone using the Site to have a great experience, but please let us know if you have any problems or concerns of any kind. We are always interested in hearing from you.
