Terms of Service
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Last Updated: February 17, 2023
These Terms of Service (“Terms”) govern your access and use of the https://himalayanhighapparel.com/ website and other related websites maintained by Himalayan High LLC. (Collectively, the “Site”) and any software, programs, materials, and services made available through this Site (collectively, the “Services”). When You access and make use of the Site and the Services in their present form or as they may be modified from time to time, you agree to these Terms, which create a legally binding agreement between You and Himalayan High LLC. (“Himalayan High LLC”, or the “Company”).
As used in these Terms, the terms “You” and “Your” will collectively mean You individually, as well as any entity, such as Your employer, authorizing You to access and use this Site and the Services.
Unless otherwise stated, these Terms shall apply to all Services provided by Himalayan High LLC through this Site. Additional agreements, terms and/or conditions may also be applicable to certain Services, as set forth or referenced in these Terms and/or on the Site, or as otherwise communicated to You by Himalayan High LLC from time to time. You will be notified of any additional terms that apply to any Services and that are not otherwise referenced in these Terms or on the Site prior to Your election to make use of such Services.
We suggest that You become familiar with the terms, conditions, and restrictions of these Terms. We also suggest that You periodically review these Terms, as they are subject to revision from time to time, at Himalayan High LLC’s sole discretion. The date shown under the title of this page identifies the last date that these Terms were updated. You agree that by using the Services after updated Terms have been posted, you agree to these Terms as amended.
If You do not agree to any provision of these Terms as currently posted, or as may be amended from time to time by Himalayan High LLC in its sole discretion, then You agree to immediately notify Himalayan High LLC, and cease accessing this Site and using the Services.
- INTENDED USER; ACCOUNT REGISTRATION AND SECURITY
Intended User; Personal Use. The Site and the Services are intended for use by people 18 years or older. Persons under the age of 18 are prohibited from creating an account with Himalayan High LLC. By using this Site and the Services, you affirm that You are at least 18 years of age. The Site is for your personal use. As a condition to your continued use of the Site, you warrant Himalayan High LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
Account Registration. Account registration may be required to use certain Services available through this Site. You represent and warrant that You will provide accurate, current and complete information (including information about You and any other authorized users) in any registration or other account-related forms on the Site (the “Registration Information”), and in the event of any changes, you will promptly update Your Registration Information to keep it accurate, current and complete. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one email@example.com account. Himalayan High LLC reserves the right to refuse registration or refuse or limit access to the Services to any person or entity, in our sole discretion. We may, without notice and in our sole discretion, terminate Your right to use the Services, or any portion thereof, and block or prevent Your future access to and use of the Services, or any portion thereof.
Account Security. The confidentiality of Your username and password for Your account with Himalayan High LLC is Your responsibility and You are solely responsible to Himalayan High LLC for activities in Your account. You agree that You will not share Your log-in credentials (including Your password) with others or do anything that might jeopardize the security of Your account. You also agree to notify Himalayan High LLC immediately of any unauthorized or improper use of Your password and/or Your account.
Personally Identifiable Information. All personally identifiable information that You provide with Your Registration Information shall remain confidential and shall not be disclosed by Himalayan High LLC for any purpose, other than pursuant to a court order issued by a court having the proper jurisdiction to compel any such disclosure.
Electronic Communication. When You register and use the Services, or send e-mails to us, you are communicating with us electronically and You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this Site or through the Services. 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.
- LICENSE TO ACCESS AND USE THE HIMALAYAN HIGH LLC PLATFORM
The HIMALAYAN HIGH LLC Platform and related Services accessible through this Site may only be accessed and used by You pursuant to a license granted to You by HIMALAYAN HIGH LLC under a separate license agreement (which may be a written license agreement, order form, subscription form or other document generated or accepted by HIMALAYAN HIGH LLC in writing, which evidences a license from HIMALAYAN HIGH LLC), which shall be governed by the HIMALAYAN HIGH LLC Master License Terms and Conditions at https://himalayanhighapparel.com/ (the “Platform License Agreement”), which are incorporated herein by reference. You are strictly prohibited from accessing and using the HIMALAYAN HIGH LLC Platform and related Services without a Platform License Agreement. You agree that You will not defeat, circumvent or modify any authentication technology or other security measures, controls, limitations, or content or functionality filters contained in or associated with this Site, the Platform or the Services, or otherwise attempt to access any aspect of the HIMALAYAN HIGH LLC Platform or the Services that You have not been granted authorization to access under a Platform License Agreement.
- MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to refund or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products and services that appear at the website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or district. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products, services or product and services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected but we do offer warranty on some of our products and services, please make sure you ask for the detailed information before making the purchase or service agreement.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order or service, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please email or call us about the product or service in question.
+1 917 834 8468
Or send a letter to 2727 Jacobs Ladder Rd, Becket MA 01223
- COMMENTS AND OTHER CONTENT
Certain portions of the Site and the Services may allow You to post reviews, comments, and other communications (collectively, “Comments”) relating to materials and content published, uploaded, or otherwise made available through the Site or the Services. So long as any such Comments are not illegal, objectionable, defamatory, obscene, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to others, you may post Comments. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments. HIMALAYAN HIGH LLC reserves the right (but not the obligation) to remove Comments at its sole discretion.
You grant us, our agents, licensees, and assigns an irrevocable, perpetual, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Comments. Please note that this license continues even if You stop using this Site or the Services. You agree to indemnify, release, and hold us harmless from any liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Comments that You post.
All rights, licenses and obligations of You and HIMALAYAN HIGH LLC with respect to materials, data, audio files, video files and other content that are uploaded to, transmitted through, or generated by the HIMALAYAN HIGH LLC Platform shall be as set forth in the applicable Platform License Agreement.
The Site and/or the Services may contain links to other web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by HIMALAYAN HIGH LLC of the site but is for Your reference and convenience only. HIMALAYAN HIGH LLC has not reviewed all the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site nor does HIMALAYAN HIGH LLC recommend or endorse any information, products, services or procedures that may be mentioned on or represented on sites linked to the Site. Linking to any other off-site pages or other sites is at Your own risk and subject to the terms and conditions of use of any hyperlinked site.
- TERM AND TERMINATION
Term. The term of Your authorization to access and use the publicly available portions of the Site and the Services, which are free of charge, is for an indefinite period, but may be terminated by HIMALAYAN HIGH LLC at any time by written notice to you without any penalty.
Termination upon Notice. HIMALAYAN HIGH LLC may terminate Your rights to access and use the Site or the Services at any time, in its sole discretion, upon providing You with thirty (30) days advance notice. Any such notice shall be delivered to the email address that You provided with Your Registration Information.
Termination upon Breach. If You breach any provision of these Terms, including, but not limited to, providing false Registration Information, breach any provision of the license granted to You by HIMALAYAN HIGH LLC by these Terms, engage in any unauthorized use of the Services, or engage in any prohibited act as identified in these Terms, HIMALAYAN HIGH LLC may, in its sole discretion, terminate Your rights to access and use the Services immediately, without additional notice to You unless otherwise agreed to in writing between You and HIMALAYAN HIGH LLC. HIMALAYAN HIGH LLC’s termination of Your rights to access and use the Services for any such breach is not an exclusive remedy and HIMALAYAN HIGH LLC reserves all other rights at law and in equity it may have against You for any such breach.
Term and Termination Rights Related to HIMALAYAN HIGH LLC Platform. If applicable, the term of Your license to assess and use the HIMALAYAN HIGH LLC Platform, or any other Services requiring a separate license agreement, shall be as set forth in the Platform License Agreement or other applicable license agreement and subject to the termination provisions thereof.
- PERMITTED USE OF THE SERVICES
The Services are the property of HIMALAYAN HIGH LLC and Your access to the Services is solely with our permission. Any unauthorized access or use will, among other things, be deemed a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of the Services, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies, as we deem necessary.
You expressly agree that You will only use the Services for lawful purposes.
- DATA COLLECTION
You agree to allow HIMALAYAN HIGH LLC to collect certain non-personal information about Your use of the Services, and about Your computer, browser, or other devices or programs You are using to access and use the Services (the “Usage Data”). You agree that HIMALAYAN HIGH LLC may collect, analyze, and aggregate such Usage Data for its internal business purposes and share such Usage Data with HIMALAYAN HIGH LLC’s partners, affiliates, and third-party service providers in connection with our provision of the Services.
In addition to the foregoing, if You operate or otherwise manage a YouTube channel and wish to use the Services in connection with such YouTube channel, you will be required to be logged in to your YouTube account. If You use the YouTube data API to obtain applicable analytic information, when You first log into Your HIMALAYAN HIGH LLC account, you will be prompted through the YouTube OAuth protocol to grant HIMALAYAN HIGH LLC access to such analytic data. By granting such authorization, you agree that HIMALAYAN HIGH LLC may access, integrate, and use such YouTube analytic data generated by Your YouTube channel, in whole or in part, into the HIMALAYAN HIGH LLC Platform on an aggregated basis.
- HIMALAYAN HIGH LLC COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
As between you and HIMALAYAN HIGH LLC, HIMALAYAN HIGH LLC retains full copyright ownership, rights and protection in all material on the Site (including software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of HIMALAYAN HIGH LLC.
You may, however, view, download and print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.
None of the material contained on the Site may be reverse engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of HIMALAYAN HIGH LLC.
All content of the Site belongs to HIMALAYAN HIGH LLC (or its licensors). All rights reserved.
The trademarks, logos, and service marks (collectively the “HIMALAYAN HIGH LLC Trademarks”) displayed on this Site and within the Services including HIMALAYAN HIGH LLC. the registered and/or unregistered marks of HIMALAYAN HIGH LLC or are otherwise used in accordance with applicable law. Nothing contained within the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any HIMALAYAN HIGH LLC Trademarks displayed within the Services without HIMALAYAN HIGH LLC’s written permission. Your unauthorized use of the HIMALAYAN HIGH LLC Trademarks displayed in the Services is prohibited.
- THIRD PARTY ELEMENTS, INFORMATION, REFERRALS, AND TRADEMARKS
The Site and Services may incorporate, access, or utilize certain software, technology and/or content not written or developed by HIMALAYAN HIGH LLC, but instead is provided by third parties under license or otherwise (“Third Party Elements”). In addition, HIMALAYAN HIGH LLC can display and refer to certain processes, touristic destinations and services that can be used with the purpose of tourism and travel planning in the U.S. When You access and use this information, you acknowledge that the above don’t involve any sale or profit to HIMALAYAN HIGH LLC. You also acknowledge that we do not take any responsibility for any cancellation, mishappen or issue with any of these recommendations or referrals.
You acknowledge that You shall comply with any terms and conditions associated with such Third Party Elements and that HIMALAYAN HIGH LLC shall have no liability or responsibility for the operation or performance of any such Third Party Elements and HIMALAYAN HIGH LLC shall not be liable for any damages, costs or expenses, direct or indirect, arising out of the performance or failure of any such Third Party Elements to perform as intended.
HIMALAYAN HIGH LLC may display trademarks on the Site and in the Services that are registered to or are otherwise owned by third parties (“Third Party Marks”) and HIMALAYAN HIGH LLC displays such Third-Party Marks with the consent of their respective owners. All rights, title and interest in and to Third Party Marks belong to their respective owners and neither HIMALAYAN HIGH LLC nor You acquire any rights to such Third-Party Marks.
- YOUR TRADEMARKS AND SERVICE MARKS
As between You and HIMALAYAN HIGH LLC, You or Your licensors own all right, title, and interest in and to Your trademarks, logos, and service marks (collectively, “Your Trademarks”). Except as expressly provided in these Terms, nothing contained on this Site or within the Services grants any license to HIMALAYAN HIGH LLC, by direct grant, implication, estoppel or otherwise, any license or right to use any of Your Trademarks without Your permission.
- FORWARD-LOOKING STATEMENTS
This Site and documents or other information linked to this Site, including without limitation press releases and webcasts, contain forward-looking statements that are based upon current expectations and that involve risks and uncertainties. Without limiting the generality of the foregoing, words such as “may,” “will,” “expect,” “believe,” “anticipate,” “intend,” “could,” “estimate” or “continue” or the negative or other variations thereof or comparable terminology are intended to identify forward-looking statements. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances are forward-looking statements. The forward-looking statements are made pursuant to the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those stated in any forward-looking statements based on a number of factors and other risks more specifically identified in HIMALAYAN HIGH LLC’s most recent periodic reports and other Securities and Exchange Commission filings. Although HIMALAYAN HIGH LLC believes that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate and, therefore, there can be no assurance that the results contemplated in the forward-looking statements will be realized.
- DISCLAIMERS, LIMITATION OF LIABILITY, RELEASES
YOU AGREE THAT THE USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD. NEITHER HIMALAYAN HIGH LLC NOR ANY OF ITS RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE. THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. THE DISCLAIMERS CONTAINED IN THESE TERMS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
IN NO EVENT WILL HIMALAYAN HIGH LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE.
You agree that You will, at Your expense, indemnify, defend, settle, and hold HIMALAYAN HIGH LLC, its directors, officers, shareholders, employees and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of Your use of the Services, including but not limited to any use of the Services that is not authorized by these Terms. In addition to the foregoing, in any such action, you will pay any judgment awarded against HIMALAYAN HIGH LLC or any settlement agreed to by You, and any authorized expenses incurred by HIMALAYAN HIGH LLC. HIMALAYAN HIGH LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with HIMALAYAN HIGH LLC in asserting any available defenses.
- COPYRIGHT COMPLIANCE
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) (USC §§ 512 et. Seq., HIMALAYAN HIGH LLC will act on receipt of notice of alleged copyright infringement. If You are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon Your United States copyrights, you may submit notification in accordance with the DMCA (USC 512(c)(3)) by providing HIMALAYAN HIGH LLC with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the claimed infringing material and information sufficient to permit us to locate the material on this Site (such as the URL(s) of the claimed infringing material);
- Information sufficient to permit us to contact You, such as an address, telephone number, and, if available, an Email address;
- 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; and
- A statement by You, made under the penalty of perjury, that the above information in Your notification is accurate and that You are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and your physical or electronic signature.
Please send all written correspondence of alleged infringements to:
2727 Jacobs Ladder Rd, Becket MA 01223
- LEGAL PROCEEDINGS
Any dispute relating to or arising from Your use of the Services, or these Terms will be passed on judicially by a court of competent authority sitting in the United States of America and You expressly consent to the authority of the State and Federal courts sitting in the United States of America for such purposes. In addition to any finding, relief granted, or judgment awarded by such court, the prevailing party in any such action shall be awarded reasonable attorney’s fees and costs.
All notices regarding any matter pertaining to these Terms, or the policies referenced herein, including any notice of claim, summons or subpoena, will be given by email, with a physical copy of such notice sent via Registered Mail (return receipt requested), or by a nationally recognized express courier, postage or air bill prepaid. Notices sent to HIMALAYAN HIGH LLC shall be sent to 2727 Jacobs Ladder Rd, Becket MA 01223. Notices sent by HIMALAYAN HIGH LLC shall be sent via email, with a physical copy sent (by Registered Mail or a nationally recognized courier) to the email and physical addresses You provided as part of Your Registration Information. Notice will be deemed effective twenty-four (24) hours after sending of an email, unless returned due to an invalid email address, in which case, notice shall be deemed effective upon receipt of physical copies, as confirmed by Postal Service, or courier, as applicable.
These Terms are to be construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. These Terms, as updated from time to time, constitute the entire agreement between us with respect to Your use of this Site. HIMALAYAN HIGH LLC’s failure to enforce any breach of this Agreement by You does not constitute a waiver of HIMALAYAN HIGH LLC’s right to enforce any term of these Terms in the future for a similar breach.