High End Systems' Privacy & Use Terms

High End Systems Privacy Statement

This document was last updated 02/27/2018.

Privacy Policy
This Privacy Policy describes the information collected through this website (“Site”) and how that information is used and shared.  High End Systems, Inc., and its affiliates, (“HES,” “we,” “us,” or “our”) may collect or receive the types of information described below in connection with your access to and use of the Site, including your account registration on the Site and any information you may post to the site (together, “Collected Information”).
Please read this Privacy Policy and the Terms of Use carefully to understand our policies and practices regarding Collected Information and how we use and share it. By accessing, using or submitting information via this Site, you agree on behalf of yourself and any company that you represent (together, “you” and “your”) to this Privacy Policy and our Terms of Use and Acceptable Use policies, and HES’ use and sharing of information as discussed below.  If you do not agree with this Privacy Policy, please do not access or use this Site.
This Privacy Policy is incorporated into and made a part of our Terms of Use.
Changes to this Privacy Policy                                                  
We may amend or otherwise modify this Privacy Policy at any time.  All modifications will take effect immediately upon posting of the updated Privacy Policy on the Site.  By accessing or using the Site after modifications are posted, you agree to those modifications.  Material changes will be conspicuously posted on the Site.  You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The date on which this Privacy Policy was last updated will be noted.

  • General

HES respects the privacy of all visitors to the Site. Whether you provide us with your personally identifiable information is your decision. You do not have to tell us who you are or reveal anything further about yourself to visit this Site. We collect only the information necessary to maintain a satisfactory business relationship with you or your company.
Notwithstanding the above, we may collect and use other information that may be considered personally identifiable information in some jurisdictions (such as your IP address) in order to make our website accessible to you. Such information will automatically be transmitted by your computer. Without your explicit consent, we will not use such information for any other purpose than making the website accessible to you.
This Privacy Policy does not apply to information that we may collect through any medium other than the Site (e.g., collected offline), or to information collected by any person or entity other than us (such as a third-party website or a third-party application).

  • Information Security

Although we use reasonable security measures to help protect against the loss, misuse, and alteration of information under our control, we cannot ensure or guarantee that loss, misuse, or alteration of your personally identifiable information or other Collected Information will not occur.  The storage and communication of information can never be completely secure, so we do not guarantee that communications or other information that you submit or that are otherwise provided to us will be completely secure. If you become aware of any breach of Site security, please notify us immediately. If our security system is breached, we will notify you of the breach if and to the extent required under applicable law.

  • Information We Collect

Here is the information we do collect and how we use it:

    • Personally Identifiable Information

In this Privacy Policy, "personally identifiable information" (PII) means any information relating to an identified or identifiable natural person, including but not limited to an individual's name, postal address, e-mail address, and phone number.  You can visit the Site without sharing PII, but you will be required to provide PII in order to use certain Site features.

      • MyHES.   MyHES is an added feature of this Site that allows HES dealers to customize their experience on the Site and access information for their type of membership.  If you are an HES dealer and you choose to register a MyHES account, we will collect the following PII from you, for the purpose(s) listed in the chart below:

Data Collected

Purpose for Collection

Legitimate Grounds for Collection

First and Last Name*

Set up MyHES account

Performance of a contract - necessary for setting up MyHES account

Email*

Set up MyHES account; marketing purposes

Performance of a contract - necessary for setting up MyHES account; Consent for marketing purposes

Country*

Set up MyHES account

Performance of a contract - necessary for setting up MyHES account

Display name and Password*

Set up MyHES account

Performance of a contract - necessary for setting up MyHES account

*Required to set up MyHES account
Marketing emails are sent via a third party, Constant Contact.

      • HES Forum.  HES Forum is an added feature of this Site that allows you access to information regarding our products, services, and expertise, as well as to add your own content.  Anything you post to the Forum is visible by all Forum participants and will be saved until you request deletion of your post or deletion of your entire HES Forum account.  We will then delete your post and/or account along with your PII within 30 days of receiving your request.  You are not required to share any PII in order to post on the Forum.  By posting on the Forum, you consent to the cross-border transfer of any PII you have shared; you also consent to our Terms of Use and Acceptable Use Policies, below. If you choose to register an HES Forum account, we will collect the following PII from you, for the purpose(s) listed in the chart below:

Data Collected

Purpose for Collection

Legitimate Grounds for Collection

Username*

Set up an HES Forum account

Performance of a contract - necessary for setting up an HES Forum account

Email*

Set up an HES Forum account

Performance of a contract - necessary for setting up an HES  Forum account

Password*

Set up an HES Forum account

Performance of a contract - necessary for setting up an HES Forum account

*Required to register an HES Forum account

      • Fixture Library.  You may use this form to submit requests for Hog console fixture libraries.  If you choose to submit a request, we will collect the following PII from you through third party processor Atlassian, for the purpose(s) listed in the chart below:

Data Collected

Purpose for Collection

Legitimate Grounds for Collection

Name*

Submit Request

Performance of a contract - necessary for submitting request

Email Address*

Submit Request

Performance of a contract - necessary for submitting request

Role (Manufacturer, Owner, or User)*

Submit Request

Performance of a contract - necessary for submitting request

*Required to submit a request from the fixture library

      • Subscribe to Our Newsletter and other HES E-News.  You may subscribe to our newsletter and other HES e-news via the Site.  If you choose to subscribe to our newsletter, we will collect the following PII from you, for the purpose(s) listed in the chart below:

Data Collected

Purpose for Collection

Legitimate Grounds for Collection

Email*

Subscribe to our newsletter and other HES e-news

Performance of a contract - necessary for subscribing to our newsletter and other HES e-news.

*Required to subscribe to our newsletter and other HES e-news.

      • HES Project Registration.  You may fill out and submit a Project Registration through the Site.  If you choose to fill out a Project Registration, we will ask you for the following PII, for the purpose(s) listed in the chart below:

Data Collected

Purpose for Collection

Legitimate Grounds for Collection

Specifier / Dealer Name*

Submit Project Registration

Performance of a contract - necessary to submit Project Registration

Submitter Name*

Submit Project Registration

Performance of a contract - necessary to submit Project Registration

Email Address

Submit Project Registration

Performance of a contract - necessary to submit a Repair Authorization Form

Phone Number*

Submit Project Registration

Performance of a contract - necessary to submit Project Registration

Project City, State, and Country*

Submit Project Registration

Performance of a contract - necessary to submit Project Registration

Consultant, Engineer, and Architect

Registration for technical training

Performance of a contract - necessary to register for technical training

*Required to submit project registration

      • Repair Authorization Form.  You may fill out and submit a Repair Authorization Form through the Site.  If you choose to fill out a Repair Authorization Form, we will ask you for the following PII, for the purpose(s) listed in the chart below:

Data Collected

Purpose for Collection

Legitimate Grounds for Collection

Name*

Submit Repair Authorization Form

Performance of a contract - necessary to submit a Repair Authorization Form

Company Name*

Submit Repair Authorization Form

Performance of a contract - necessary to submit a Repair Authorization Form

Email Address*

Submit Repair Authorization Form

Performance of a contract - necessary to submit a Repair Authorization Form

Phone Number*

Submit Repair Authorization Form

Performance of a contract - necessary to submit a Repair Authorization Form

Address*

Submit Repair Authorization Form

Performance of a contract - necessary to submit a Repair Authorization Form

*Required to submit a repair authorization form

      • Technical Training.  You may register for technical training through the Site.  If you choose to register for technical training, we will collect the following PII from you through third party processor Cvent, for the purpose(s) listed in the chart below:

Data Collected

Purpose for Collection

Legitimate Grounds for Collection

Name*

Registration for technical training

Performance of a contract - necessary to register for technical training

Company Name/Organization/School*

Registration for technical training

Performance of a contract - necessary to register for technical training

Email Address*

Registration for technical training; marketing purposes

Performance of a contract - necessary to register for technical training; consent for marketing purposes

Phone Number*

Registration for technical training

Performance of a contract - necessary to register for technical training

Address*

Registration for technical training

Performance of a contract - necessary to register for technical training

Payment Information*

Registration for technical training

Performance of a contract - necessary to register for technical training

*Required to register for technical training
Marketing emails are sent via a third party, Constant Contact.

    • Use of PII for Marketing. Marketing emails are sent via a third party, Constant Contact.  If you do not wish to receive promotional materials, marketing materials email offers or newsletters from us, you can opt-out of receiving such information from us (other than emails related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on the Site) by using the unsubscribe process at the bottom of the email, by checking the relevant box located on the form on which we collect your data, or by sending us an email stating your request to webmaster@highend.com (mailto:webmaster@highend.com).
    • Other Information

When you access and interact with the Site, we will make temporary use of other information in addition to the PII mentioned above as technically necessary in order to make the Site accessible to you, including the IP address of the device you are using to access the Site.  Such information will automatically be transmitted by your computer. Without your explicit consent, we will not use such information for any other purpose than making the website accessible to you.  In addition, we will destroy such information after seven days.
We may also collect other information in addition to the PII mentioned above about those visits. For example, our servers may receive and record information about your computer, device, and browser, including potentially the IP address, browser type, and other software or hardware information.  This information is never used to identify you personally and never combined with other personal data such as PII stored in your HES Forum account or otherwise sent to us through our website.  Such information includes the following:

      •  Usage Details and IP Address.  As you navigate through this Site, details of your visits to this Site, including, but not limited to, traffic data, location data, logs, the resources that you access, and information about your computer and internet connection, including your truncated IP address, operating system and browser type may be automatically transmitted by your computer.  We may use this information for system administration and access to the Site.
      • Cookies. "Cookies" are pieces of information that a website sends to your computer while you are viewing a website. We may set and access cookies on your computer to track and store preferential information about you. You consent to our placement of cookies on your computer. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer.  If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Site may then be inaccessible or may not function properly.

Web beacons. "Web beacons" are electronic images, tags or scripts that allow a website to access cookies and help track general usage patterns of visitors to a website. Web beacons can recognize certain types of information, such as cookies, time and date of a page view and a description of the page where the Web beacon is placed. We may use Web beacons to compile information regarding use of this Site.

  • Profiling:

We will not use your PII for decisions based solely on automated processing if the decision produces legal effects concerning you or significantly affects you, unless you gave your explicit consent for this processing. 

  • Security:

We are committed to ensuring that your personal data is secure.  In order to prevent unauthorized access or disclosure, we have put in place appropriate technical and organizational measures to safeguard and secure the personal data we process.  If, despite all our efforts, a data breach does occur, we shall do everything in our power to limit the damage.  In case of a data breach which is likely to result in a high risk, and depending on the circumstances, we will inform you about remedial actions to prevent any further damage.  We will inform the relevant supervisory authority or authorities without undue delay, when required.

  • Disclosure of PII:

We will only disclose PII to our affiliated companies, agents, and/or subcontractors for the purposes identified above, where necessary.  In such cases, the agent or subcontractor will be obligated to use that PII in accordance with the terms of this Privacy Policy.  We will not sell, distribute or lease your PII to third parties unless we have your permission or are required to do so by law.  We may disclose your PII to the extent that it is required to do so by applicable law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise, or defend our legal rights.
We may be required to release personal data of EU individuals in response to lawful requests from public authorities including to meet national security and law enforcement requirements.

  • Aggregation and De-Personalization (Pseudonymisation):

We may take your PII, make it non-personally identifiable and combine it with other Collected Information about other individuals.  Such aggregated information describes users as a group but does not reveal the identity of individual users.  We may use and disclose to third parties such aggregate or de-personalized information in any manner and without notice or compensation to you.

  • Business Transfers:

We specifically and expressly reserve the right to disclose, lease, sell, assign and transfer Collected Information (including your PII) to the successor or acquiring entity in the event of or in connection with a Business Transfer. A "Business Transfer" means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change of control involving us, regardless of whether the Business Transfer relates to a part or a whole of our business.  Before we disclose your PII in the context of a Business Transfer, we will notify you and give you a reasonable time period to object to such transfer.  That successor or acquiring entity will be bound by this Privacy Policy as it applies to that information.  Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

  • Third Party Transfers:

Under certain circumstances, we may remain liable for the acts of our third-party agents or service providers who perform services on our behalf for their handling of EU Personal Data that we transfer to them.

  • Retention of PII:

We will retain your PII while your HES Forum account is still active.  You may contact us as instructed below to request your HES Forum account be deleted.  You may also contact us to delete your email account subscribed to our Newsletter.  We will then delete your account along with your PII within 30 days of receiving your request.  Please contact the relevant third party for information regarding data retention collected through that third party.

  • User Generated Content:

You are responsible for any content, including PII that you create, post, or otherwise submit to be published or displayed (“posted”) on this Site ("User Generated Content"). Your User Generated Content is posted on and transmitted to other users of this Site at your own risk. We cannot control the actions of other users of this Site with whom you may choose to share your User Generated Content. As a result, we cannot and do not guarantee that your User Generated Content will not be viewed by unauthorized persons. You understand and acknowledge that, even after removal, copies of User Generated Content may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. For information on submitting User Generated Content, please review our Terms of Use and Acceptable Use Policies, below. We may use and disclose User Generated Content, excluding components that consist of PII, in any manner and with any person.

  • Information You Disclose to Third Parties:

You may be presented with an opportunity to receive information and/or marketing offers from third parties as a result of your access to or use of this Site.  This Privacy Policy does not apply to such information. All information you disclose to such third parties will be subject to the privacy policies and practices of such third parties, as applicable. We will not have access to any information you choose to disclose to such third parties.  We are not responsible for the privacy policies or practices of any third party.  You should review the privacy policies and practices of each third party prior to disclosing information to them.

  • Access by Children:

The Site is not directed at children under 16 years of age.  You must be at least 16 years of age to register with or use this Site.  We do not knowingly collect or use information from children under 16 through the Site.  If you are under 16 years of age, do not send any information about yourself to us or otherwise enter any information about yourself on this Site, including your name, address, telephone number or e-mail address. If you believe that we might have any information from or about a child under 16 years of age, please contact us at webmaster@highend.com (mailto:webmaster@highend.com).

  • Site Access From Outside the United States:

This Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States please be aware that Collected Information will be transferred to, stored, and processed in the United States.  If you register an HES Forum account or post to the Forum, you acknowledge that your data will be processed in the United States.

  • Right to Access Correct and Delete Your PII:

If you have created an HES Forum account through this Site, then you have the right to access, review, and update your PII by logging into this Site, visiting your account profile page and making changes, including submitting a request to delete your account information by sending us an email stating your request to webmaster@highend.com (mailto:webmaster@highend.com).  You also have the right to email this address to access details of any PII which we hold about you.
If you have questions or concerns about our privacy practices or this Privacy Policy or wish to make a request regarding your PII, please contact us at any of the following:
• Via telephone: +1 (608) 831-4116
• Via fax:                +1 (608) 836-1736
• Via mail:              Attn: Webmaster
High End Systems, Inc.
c/o Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
• Via email: webmaster@highend.com (mailto:webmaster@highend.com)

  • Third Party Contact Information:

Constant Contact
Reservoir Place
1601 Trapelo Road
Waltham, MA 02451

Cvent
8180 Greensboro Drive, Suite 900
McLean, VA 22102

                Atlassian
1098 Harrison St.
San Francisco, CA 94103

Terms of Use Policy
These Terms of Use (“Terms”) govern your access to and use of this website (“Site”), made available to you by High End Systems, Inc. (“HES,” “we,” “us,” or “our”).
By accessing or using the Site, you agree on behalf of yourself and any company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy, above.
If you do not agree with these Terms or our Privacy Policy, please do not access or use the Site.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.

  1. Privacy Policy. We may collect certain information from your use of the Site as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. By using the Site, you agree on behalf of yourself and any company that you represent (together, “you” and “your”) to the Privacy Policy.
  2. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of HES or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to HES or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
  3. Use of the Site; Compliance with Laws. You may download and print one copy of the Site’s visible content for your internal use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of HES. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are strictly prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of HES. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.
  4. Product Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products may be limited. Some products may not be available in certain areas. All orders placed through the Site are subject to the applicable terms and policies of our third-party payment processor.
  5. Your Account. If you choose to set up an online account through the Site, you will be required to submit certain information in order to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and any password. In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. HES reserves the right, in its sole discretion, to terminate your use of the Site for any reason without notice or liability, including the unauthorized use of a username or password and breach of these Terms.
  6. Copyright Policy. We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
  • A description of the copyrighted work(s) that you claim have been infringed;
  • A description of the allegedly infringing material, including its location on the Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your email address, telephone number, and mailing address;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  1. User Generated Content.
    1. The Site may allow you to create, post, or otherwise submit comments, images, data, text, and other content via the Site and to respond to content submitted by others (together, “User Generated Content”), for example, via the Forum. User Generated Content is neither generated nor controlled by HES. HES is not responsible for any User Generated Content. You are responsible for all User Generated Content that you submit and for the legality, originality, and appropriateness thereof. You must comply with our Acceptable Use Policy, below, when submitting User Generated Content. By submitting User Generated Content you warrant that you have the rights, permissions, and consents necessary to submit such User Generated Content and to authorize us to use such User Generated Content as permitted by these Terms. You further warrant that User Generated Content you submit will not cause HES to violate any law regulation. By submitting User Generated Content, you waive any right, and you agree not to assert, that any use of such User Generated Content by us or any third party infringes or violates your intellectual property rights, rights of privacy, rights of publicity, or other right. You retain any copyright or other intellectual property right you may have in User Generated Content that you submit.
    2. User Generated Content is not monitored. HES reserves the right, but does not have the obligation, to review User Generated Content and its submission. HES also reserves the right, but does not have the obligation, to delete User Generated Content from the Site at any time for any reason (including without limitation deletion due to violation of our Acceptable Use Policy). HES has no obligation to archive or otherwise store any User Generated Content. HES reserves the right to impose limits on Site features (e.g., the ability to submit User Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including without limitation violation of our Acceptable Use Policy.
    3. If you submit User Generated Content, you grant HES a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to use, copy, reproduce, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, publicly perform, publicly display, distribute, license, sell, and exploit for any purpose, including without limitation developing, manufacturing, and marketing products and services. For more information on how we use and share User Generated Content, please review our Privacy Policy.
  2. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. HES MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE SITE (EXCLUDING USER GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. HES DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. HES DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. HES IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. HES HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM HES OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

  1. NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL HES, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF HES HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL HES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  2. Indemnification. You will indemnify, defend, and hold harmless HES, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your submission of User Generated Content, your order of products through the Site, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
  3. Third-Party Websites. The Site may link to, or be linked to, websites not maintained or controlled by HES. Those links are provided as a convenience and HES is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.
  4. Feedback. HES welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential, except for any Personally Identifiable Information (PII) which may be included in the comments or feedback. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
  5. Disputes. These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, with jurisdiction over Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by HES in its sole discretion and the parties expressly agree to the exclusive jurisdiction of such courts.  If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.
  6. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
  7. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.
  8. Interpretation. These Terms, including our Privacy Policy and Acceptable Use Policy, are the entire agreement between you and HES with respect to your access to and use of the Site. HES’ failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by HES. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of HES’ successors and assigns.
  9. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.
  10. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and HES may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
  11. Contact Us. Please direct any questions and concerns regarding these Terms to us at any of the following:

Via telephone: (608) 831-4116
Via fax: (608) 836-1736
Via mail: Attn: Webmaster
High End Systems, Inc.
c/o Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
Via email: webmaster@highend.com

Acceptable Use Policy
By submitting creating, posting, or otherwise submitting comments, images, data, text, or other content via this website (“Site”), or by responding to content submitted by others (together, “User Generated Content”), you agree to this Acceptable Use Policy (“AUP”).
If you do not agree with this AUP, please do not submit User Generated Content via the Site. This AUP is incorporated into and made a part of our Terms of Use.
We reserve the right to modify this AUP at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes.

  1. You must maintain a polite, pleasant, and respectful environment.
  2. You will not attack other Site users. User Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others (such as the rights of privacy and publicity) is prohibited.
  3. User Generated Content must be relevant to the stated topic (for example, the applicable forum post).
  4. User Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable is prohibited. Slurs and commentary against social, racial, religious, ethnic, and sexual orientation groups are prohibited.
  5. User Generated Content must not contain or consist of surveys, contests, pyramid schemes, chain letters, junk mail, unauthorized emails, offers to buy or sell goods or services, advertisements, or commercial solicitations, nor may User Generated Content engage in, facilitate, or encourage any of the foregoing or any illegal activities.
  6. You may not harvest or otherwise collect information about others (including without limitation email addresses).
  7. You must have the rights, permissions, and consents necessary to submit the applicable User Generated Content. For example, you may not submit any User Generated Content that contains or consists of text, images, videos, recordings, or other material that is protected by intellectual property laws and owned by another person unless you have the legal right to submit that User Generated Content.
  8. User Generated Content that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malicious code, or other software or programs that may damage a person’s software or hardware is prohibited.
  9. You may not falsify or delete any copyright management information, such as author attributions, copyright notices, legal notices, or other proprietary designations, notices, or labels concerning the origin or source of the submitted User Generated Content.
  10. You may not download User Generated Content submitted by another Site user if you know or reasonably should know that such User Generated Content cannot be legally copied, reproduced, displayed, performed, or distributed in such manner.
  11. You may not interfere, restrict, or inhibit another user’s access to or use of the Site or its features.
  12. You may not create a false identity, hide your true identity, or impersonate or represent any person other than yourself.

AUP Violations. Your violation of this AUP or any other provision of our Terms of Use may result in the immediate suspension of your access to the Site or its features without notice to you. HES reserves the right to impose limits on Site features (for example, the ability to submit User Generated Content) or restrict your access to all or parts of the Site at any time for any reason, including without limitation your violation of this AUP.
Contact Us. Please direct any questions and concerns regarding this AUP or User Generated Content to us at the contact information below. Please do not direct questions, complaints, or other comments regarding User Generated Content to other Site users. As HES does not monitor or review User Generated Content, we cannot address your concerns unless you send them to us.
Via telephone: (608) 831-4116
Via fax: (608) 836-1736
Via mail: Attn: Webmaster
High End Systems, Inc.
c/o Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
Via email: webmaster@highend.com