TERMS OF USE FOR THE WEBSITE OF HIGHGAIN INCORPORATED

COPYRIGHT 1980 - 2007 BY HIGHGAIN INCORPORATED. ALL RIGHTS RESERVED.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF. YOU SHOULD CHECK THIS SECTION FROM TIME TO TIME AS WE MAY REVISE THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS.

Copyright and Other Intellectual Property Rights

Unless otherwise expressly noted, HighGain Incorporated ("HGI") owns the copyright in the pages and in the screens displaying the pages and in the information, names, images, pictures, recordings, logos, icons, products, programs, documents and materials (collectively "Information") therein and in their arrangement. Unless otherwise specifically provided on a web page, HGI authorizes you to copy, view, print and distribute Information published by HGI or its affiliates on this website subject to the following conditions: (1) you use such Information for informational and non-commercial purposes solely for use and distribution within your organization or for yourself; (2) you may not charge a fee to distribute the Information; and (3) you must include on all such copies any and all legends, copyright, proprietary or other notices that appear herein or if no such legends or notices appear on such Information, then the following copyright notice must appear on all such copies: "Copyright © HighGain Incorporated. All Rights Reserved." Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Information, and the Information may not otherwise be reproduced, displayed, downloaded, licensed, modified, re-posted, retransmitted, disseminated, sold, distributed, published, broadcast, circulated, used to create a derivative work or otherwise used for commercial purposes without the express written consent from HGI's Legal Department.

Trademark Notices

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Site are registered and common law Trademarks of HGI and others. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of HGI's Legal Department or such third party that may own the Trademarks displayed on this Site. Your use of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited. You are also advised that HGI will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Which are the Trademarks of HGI?

Listen Up® Are You Really Listening® Building The Listening Organization® HighGain Listening® HighGain 360º ®
Listening For A Change® Best Listening Practices® Listening Your Way To Clarity® CORE Listening: The Hidden Power of Selling® Team Listening Kit® HighGain, Inc.® The Business of Listening®

Web Content and Materials

The Information contained in this website and the terms and conditions of the access to and use of such Information are subject to change without notice. HGI may also make improvements and/or changes in the Information at any time without notice. Any dated information is published as of its date only, and HGI does not undertake any obligation or responsibility to update or amend any such information. By offering Information, no solicitation is made by HGI to any person to use such Information in jurisdictions where the provision of such Information is prohibited by law. Your eligibility for particular products and services is subject to final HGI determination and acceptance.

To read our online privacy policy, click here.

Restricted Rights Legend

Any software that is downloaded from this site is provided with Restricted Rights. Use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is HighGain, Inc., 2150 Blucher Valley Road Sebastopol, CA 95472-5306 .

Links to Other Websites

As a convenience, HGI may provide links to non-HGI websites solely to direct you to information on topics that may be useful to you. HGI has no control over the content on such non-HGI websites, and HGI is not responsible for the content of such linked websites or any link contained in a linked site or any changes or updates to such sites. Links to non-HGI websites do not imply HGI's endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites. HGI disclaims responsibility for the privacy policies and customer information practices of such third party websites linked to its website. Your use of linked websites is at your own risk.

Warranty Disclaimer/Limitation of Liability

Although HGI attempts to provide accurate and up-to-date Information on its website, it makes no representation or warranty that such Information is accurate and up-to-date. HGI IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. ALL SUCH INFORMATION IS PROVIDED TO YOU "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR FITNESS FOR PARTICULAR OR ORDINARY PURPOSES OR AS TO THE PERFORMANCE, FUNCTION OR DOCUMENTATION OF THE INFORMATION. THE INFORMATION IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHERMORE, HGI WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM. HGI WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND HGI'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN HGI AND YOU, HGI WILL HAVE NO LIABILITY OF ANY TYPE (TORT, CONTRACT OR OTHERWISE) IN CONNECTION WITH THE USE OF THIS WEBSITE OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE. HGI WILL UNDER NO CIRCUMSTANCES BE LIABLE, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOST PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF HGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Submissions

Any feedback, comments, information, materials or other communication ("Communications") provided by you to HGI will be deemed NOT to be confidential. By sending HGI any Communications, you grant HGI an unrestricted, paid up, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Communications, and you also agree that HGI is free to use on an unrestricted basis without accounting to you any such Communications and the ideas, concepts, know-how or techniques that you provide.

Affiliates

This website's "Terms of Use" shall inure to the benefit of the affiliates of HGI.

Governing Law

Access to and use of the HGI website, and the terms of use including the warranty disclaimer and limitation of liability are governed by the internal, substantive laws of the State of California (other than the Uniform Computer Information Transactions Act, UCITA, as may be adopted in California), but without regard to conflicts of law principles thereof. UCITA and the United Nations' Convention on International Sale of Goods shall not apply to access and use of this website.

All rights not expressly granted herein are reserved.