Sales Terms and Conditions

Last Updated: June 2, 2016

Welcome to the online store (the “Store”) provided by Highfive Technologies, Inc. (“Highfive”). Your purchase of Highfive videoconferencing boxes (“Boxes”) or subscription licenses (“Licenses”) constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and the terms of the version of the Limited Warranty included with a Box. We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Boxes from Highfive, the Terms & Conditions in force at that time will apply between you and Highfive. If you have any questions regarding these Terms & Conditions, you can contact Highfive at info@highfive.com.

BY PLACING AN ORDER FOR BOXES OR LICENSES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE PURCHASE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE BOXES AND LICENSES AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU MAY NOT PURCHASE THE BOXES OR LICENSES.

1. Orders.

When you place an order for a Box or License from Highfive, Highfive will request information regarding your credit card or other payment instrument. By placing an order for a Box or License, you make an offer to Highfive to purchase the Box or License subject to these Terms & Conditions and authorize Highfive to bill your payment instrument.

2. Cancellation.

You may cancel your offer to purchase Boxes or Licenses at any time prior to shipment and you will not be charged. Highfive reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

3. Availability; Pricing; Taxes.

Prices for the Boxes and Licenses are set forth in the Store and are subject to change without notice at any time. All Boxes offered on the Store are subject to availability. Depending on the order, Highfive calculates and charges sales tax in accordance with applicable laws.

Additional Licenses purchased will be placed on the same renewal cycle as that of your existing licenses and pricing will be pro-rated based on the pricing listed on our website. All Boxes purchased will be based on the pricing listed on our website.

4. Resale and Title Transfer.

Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Boxes purchased from the Store passes to the purchaser at the time of delivery by Highfive to the freight carrier, but Highfive and/or the freight carrier will be responsible for any Box loss or damage that occurs when the Box is in transit to you.

5. Shipping and Delivery.

Prices for the Boxes do not include shipping costs. Our delivery charges and shipping options are as quoted on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.

The Boxes available on the Store have been designed, marketed and sold for use by residents of the United States and Canada. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English (U.S.). The Boxes available on the Store are not intended for use outside of the United States and Canada and may only be purchased by residents of the United States and Canada.

6. Returns.

If, for any reason, you’re not completely satisfied with the Box or Service you purchased from the Store, you can return the Box or License within 30 days of purchase (or, in the case that the applicable Box or Service is initially provided to you under a “free trial” or similar basis, within 30 days of the date of the start of the trial period) for a full refund. To initiate a refund, and to arrange for the return of the Box or License, you can contact Highfive at 844-GO-HIGH5 (844-464-4445) or at help@highfive.com. You will receive a full refund of the price you paid for the Box or License. We will use reasonable efforts to process the refund due to you as soon as possible and within 30 days from the date of receipt of the returned Box by Highfive. If an RMA is approved, you have 30 days to return the equipment to Highfive. If the equipment is not received in 30 days from the date the RMA is created, the RMA is void and you will not receive a refund. Any shipping costs to return equipment to you will be at your cost

Please note that you are solely responsible for determining the compatibility of the Boxes and Service with other equipment, and you accept that lack of compatibility is not a valid claim under the limited warranty provided with your Boxes and Licenses and does not otherwise constitute a basis for receiving a refund after the 30 day refund policy described above.

7. Warranties and Disclaimers.

As far as permitted by applicable law, All Boxes are provided on an “as-is” basis, without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, unless otherwise noted in the Limited Warranty included with a Box.

As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

You use a Box at your own discretion and risk. You will be solely responsible for (and Highfive disclaims) any and all loss, liability or damages resulting from your use of a Box, including without limitation any damage or loss to your equipment or systems, home, office, Box, other peripherals connected to the Box, computer, mobile device, and all other items. Please note that you are solely responsible for determining the compatibility of the Boxes with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Boxes and does not otherwise constitute a basis for receiving a refund after the 30 day refund policy described above.

Data Protection.

By placing an order for Boxes or Licenses, you agree and understand that Highfive may store, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Highfive may also share such data globally within the Highfive group of companies. All Highfive companies shall protect your information in accordance with the Highfive Privacy Policy. Highfive works with other companies that help Highfive provide Boxes and Services to you, such as freight carriers and payment processing companies, and Highfive may have to share certain information with these companies for this purpose.

General.

You are communicating with Highfive electronically when you use the Store or send email to Highfive. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any use of the Box or License is governed by the Business Agreement www.highfive.com/legal or any other applicable agreement entered into between you and Highfive.