Welcome to Exchange Suite™, owned and operated by High End Exchange, Inc.,
of San Antonio, Texas (hereinafter, “HEEX”). By using Exchange Suite™,
you agree to be bound by these terms and conditions, which are also collectively
referred to as the Use Agreement. If you do not agree to these terms and conditions,
you may not access or use Exchange Suite™.
1. Exchange Suite™ is an online exchange website that provides a virtual
market to facilitate the exchange of goods or services with others and to provide
a mechanism for donation of goods or services to others. You acknowledge that the
goods or services exchanged on the web site do not originate from and are not owned
or provided by HEEX.
2. Updates and Amendments. From time to time, this Use Agreement may be modified.
Therefore, you should regularly check this agreement for revisions. You can review
the most current version of the Use Agreement at any time at http://www.exchangesuite.com/terms.
and is incorporated by reference into this Use Agreement.
4. DISCLAIMER OF WARRANTY. HEEX DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WITH REGARD TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE OR NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE), ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE,
OR ANY SUBSCRIBERS LISTED ON THE SERVICE.
5. LIMITATION ON LIABILITY. HEEX WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION RELATING TO THE SERVICE. THE
SERVICE IS PROVIDED ON AN “AS IS” BASIS. IN NO EVENT WILL HEEX, ITS DIRECTORS, OFFICERS,
EMPLOYEES, SUPPLIERS, AGENTS REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES BE LIABLE
FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF HEEX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO UNAVAILABILITY, ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DIRECTORY
OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. IN STATES THAT
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES
SET FORTH ABOVE, THE LIMITATIONS PROVIDED BY THIS PARAGRAPH SHALL APPLY TO THE GREATEST
EXTENT ALLOWED BY LAW.
6. Dealings With Third Parties. Your communication or dealings with third parties
found on or through Exchange SuiteTM, and any terms, conditions, warranties,
or representations with such third parties, are only between you and such third
parties. HEEX will not be responsible for any loss or damage of any sort incurred
by you as a result of your dealings with third parties found on Exchange SuiteTM.
Should you choose to meet other subscribers of Exchange Suite, you acknowledge
that HEEX has not conducted any background check on its subscribers, and you further
assume all risks inherent in such meeting.
7. Monitoring of Subscriber Content. Exchange SuiteTM provides a way for you
to connect with our other subscriber by allowing those subscribers to provide information
that is accessible by your use of the Service. In order to provide the most benefit
to our users, the information provided by the subscribers may be changed on demand
and without notice to HEEX. While HEEX cannot and does not make any warranties or
representations concerning the information provided by our subscribers, HEEX will
make reasonable efforts to monitor the content provided by our subscribers in order
to identify and remove offensive, clearly misleading, or other inappropriate content.
You agree, however, that HEEX will not be responsible or liable, either directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with your use of the Service based on content provided by our subscribers.
8. External Links. HEEX may provide, or third parties may provide, links to other
websites or resources. HEEX has no control over the content of such websites or
resources and shall not be responsible for the availability of such websites or
resources. HEEX does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources.
You agree that HEEX will not be responsible or liable, either directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with your
use of or reliance on any content, goods or services available on or through any
such site or resource.
9. Confidential Information. The Service and any necessary software used in connection
with the Service (the Software) contain proprietary and confidential information
that is protected by law. You agree not to modify, rent, lease, loan, sell, reverse
engineer, decompile, distribute or create derivative works based on the Service
10. Copyrights. The compilation of the contents of the Service and the source code
for the Website are copyrighted under United States copyright laws and owned by
HEEX. In some cases, a third-party may own the copyright in certain material. You
agree not to use, copy, or reverse engineer these materials.
11. Trademarks. Exchange SuiteTM is a trademark of HEEX. Other products, services,
and company names mentioned herein may be owned by third parties to this Use Agreement.
12. Taxes. You agree that all taxes resulting from any transaction in which you
participate are your responsibility. Your further acknowledge that HEEX will not
be responsible for paying the taxes of any taxable event, and that HEEX has no responsibility
to provide you with information necessary for your to report taxes or claim any
deduction, gain or loss.
13. Compliance with the Law. You agree to comply with all applicable federal, state,
and local laws during your use of the Service.
referenced herein, constitute the entire agreement between you and HEEX. This Agreement
shall be governed and construed in accordance with the laws of the State of Texas.
HEEX’s failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or right. HEEX
may assign its rights and duties under this Agreement to any party at any time without
notice to you.