Terms & Conditions

‍

Introduction

The following terms and conditions govern your use of this website (www.highpeakai.com). Your use of this website and Content (defined below) constitutes your acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should immediately cease use of this website and Content.

This website presents information and content that is owned or licensed by High Peak Innovations, LLC its parents, and affiliates ("High Peak"). When used in these Terms and Conditions, "we" and "our" mean High Peak and "you" and "your" refers to any individual, company, or legal entity that accesses or otherwise uses this website.

Additional Terms

These terms and conditions apply only to your use of this website and Content, and they do not apply to your use of any products or services otherwise offered by us or our related entities. We may have established or will establish additional or different terms and conditions for certain products and services. In many instances, our products or services involve sophisticated financial instruments or investments that are regulated by governmental authorities. You agree to review all applicable terms and conditions relating to our or our related entities’ products and services. In the event of any conflict between the terms and conditions on this website and such additional terms and conditions, the additional terms and conditions govern and control.

Further, if you have a policy or an account, or an agreement for investment advisory or other services with us or our related entities, your relationship is governed by applicable agreements. In the event of any conflict between the terms and conditions on this website and such agreements, your agreements govern and control.

Do Not Rely on This Website for Your Financial Decisions

The Content on this website is for convenience and information purposes only. You should consult your financial and legal advisors, and independently verify all Content provided through this website before you make decisions. Nothing on this website constitutes an offer to sell or buy any product. Account information available on this website is not the official record of your account. Nothing on this website should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on this website is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.

Ownership and Use of Content

All of the information and content on this website, including, but not limited to, all text, analyses, reports, articles, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress ("Content") is owned or licensed by us or a related entity.  The Content is protected worldwide by applicable intellectual property laws.  You may not copy, transmit, distribute, modify, publicly perform, reuse, sell or display any of the Content for any public or commercial purpose except with the prior written consent of High Peak or the owners of the materials, which they may issue in their sole discretion. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices. High Peak reserves the right to terminate at any time your right to make personal copies of Content.

High Peak, Acusite, and all other trademarks, service marks, trade names, logos and icons are service marks of are service marks of Prudential Financial, Inc. (“PFI”) and its related entities, registered in many jurisdictions worldwide.  Except when included in any authorized printouts of the Content, you are not authorized to make any other use of PFI’s marks, including, but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by PFI or High Peak. Prudential Financial, Inc. of the United States is not affiliated in any manner with Prudential plc, incorporated in the United Kingdom or with Prudential Assurance Company, a subsidiary of M&G plc, incorporated in the United Kingdom. 

With respect to this website, its Content, data, information, and any other materials contained or referenced herein, you may not:

• use the Content in any other website or in a network computer environment, including framing the Content within another website.
  
• use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise use, access, or collect the Content, data or information on this website using automated means.
  
• use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
  
• use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Content, data or information on this website in any way, including by overriding any security feature or bypassing or circumventing any access controls or use limits of these Terms and Conditions.
  
• cache or archive the Content (except for a public search engine’s use of spiders for creating search indices).
  
• take action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
  
• do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

Engaging in any of these prohibited uses may result in civil, criminal, and/or administrative penalties, fines, or sanctions against you or those assisting you. Except for the limited use rights expressly provided in this paragraph, all rights in Content are reserved.

Notice and Procedure for Making Claims of Copyright Infringement Relating to the Activities of Service Providers Designated Agent

High Peak respects the intellectual property rights of others and expects its users to do the same. High Peak prohibits copyright infringing activities on High Peak owned and operated websites (the “High Peak Sites”) and reserves the right to remove or disable access to files or links to allegedly infringing material without prior notice. High Peak responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

DMCA Takedown Notice:  If you believe that your material is being used on the High Peak Sites in a way that constitutes copyright infringement, please provide our Designated Copyright Agent (identified below) the following information (“Notice”), as required by Section 512(c)(3) of the DMCA.

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Ex. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Ex.: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Deliver this Notice, with all items completed, to High Peak’s Designated Copyright Agent:

Dolly von Hollen
Designated Copyright Agent
751 Broad Street Newark, NJ 07102
Email:  dolly.vonhollen@prudential.com
Phone: 973-367-7107
Fax: 973-367-7121

High Peak will respond expeditiously to Notices of alleged copyright infringement on High Peak Sites that are reported to High Peak’s Designated Copyright Agent. High Peak will follow the procedures provided in the DMCA, including, expeditiously removing or disabling access to infringing material.  The DMCA sets forth a notice and takedown procedure, subject to the alleged infringer’s right to submit a counter-notification claiming lawful use of the copyright or other intellectual property interest that is allegedly infringed.

Any information or correspondence that you provide may be shared with third parties. Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement.

DMCA Counter Notice:   If you believe that your content should not have been removed for alleged copyright infringement, you may send High Peak’s Designated Copyright Agent a written counter-notice with the following information:

• Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
• A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
• Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

If a counter-notice is received by the Designated Copyright Agent, we may send a copy of the counter-notice to the original complaining party.

Repeat Infringers:  It is High Peak’s policy to take reasonable steps within our power to terminate the online account(s) of any user that we become aware of who repeatedly infringes the copyrights of others. If you believe an online account holder is a repeat infringer, please provide information sufficient for us to verify this in your DMCA takedown notice. In appropriate circumstances, High Peak may provide notice to an alleged repeat infringer and provide such alleged infringer with an opportunity to submit a response or counter-notice prior to terminating such alleged infringer’s online account or accounts.

Unsolicited Idea Submission Policy

High Peak does not accept or consider unsolicited ideas, proposals or suggestions (collectively, “Ideas”), or materials concerning the Idea (“Materials”) including without limitation Ideas for new or improved products, processes or technologies, product enhancements, advertising and marketing campaigns, promotions or new product names. Please do not send any Ideas or Materials. The purpose of this policy is to avoid any potential misunderstanding or dispute when High Peak’s products or marketing efforts might seem similar to Ideas or Materials submitted to High Peak. If, despite our request not to send us your Ideas or Materials, you still do, then regardless of what your communication states, the following terms shall apply to your submission:

Terms of Submission:

You agree that:

1. Your submission does not create any contract, whether implied or express, between you and High Peak,
2. your Ideas and Materials, and all intellectual property associated therewith, will automatically become the property of High Peak, without compensation to you,
3. High Peak can use the Ideas and Materials for any purpose, in any way, and without attribution or compensation to you,
4. and any information you provide will be considered non-confidential.

Links

Links from this site to a non-High Peak site may be provided for the user's convenience only. High Peak does not control or review these third-party sites nor does the provision of a link imply any endorsement of or association with such non-High Peak sites. Your linking to any websites from this website is at your own risk. Subject to the terms of applicable service or other agreements, we will remove any link from this website upon request from the owner of the linked website. Please call our operations department at 973-802-2269 to submit such a request.
Availability. Not all of the products or services described on this website are available in all areas of the United States and you may not be eligible for them. We reserve the right to determine eligibility.

Warranty Disclaimer, Indemnity

We strive to provide accurate and up-to-date material on this website. However, we make no warranties or representations as to the accuracy or timeliness of the Content. Your use of this website and Content is at your own risk. Content may become inaccurate as a result of developments after its publication on this website. High Peak assumes no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Content on this website and the operation of it are provided "as is" and for informational purposes only, and High Peak disclaims all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Certain jurisdictions may not permit certain disclaimers of warranties. In such case, we disclaim warranties to the fullest extent permitted by the applicable law.  

As a condition of your use of this website, you agree to indemnify and hold us, our related entities, and its and their respective partners, members, directors, officers, employees, and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to legal fees) arising from your use of the website or from your violation of these Terms and Conditions.

Your Responsibility for Security

High Peak does not warrant that the website will operate error free or is free from viruses, worms, Trojan horses, or other destructive or harmful code. High Peak assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing current virus protection software. You assume full responsibility and risk of loss resulting from use of or access to the website and Content.

LIMITATION OF LIABILITY

In no event shall High Peak, our related entities, or any other party involved in creating, producing, or delivering this website or Content on High Peak's behalf be liable for any direct, incidental, special, consequential, indirect, lost profits, loss of business or data, or punitive damages arising out of your access to, or use of, or inability to access or use, this website or any Content, or the performance of any product on this website.Additional Information. All information, other than personal information subject to High Peak's Internet Privacy Policy, submitted to High Peak through this website or any related High Peak website is the property of High Peak. High Peak is free to use any ideas, concepts, know-how, or techniques that you may submit to High Peak through this website for any purpose, including, but not limited to, improving our services. We are not subject to any obligations of confidentiality regarding any submitted information except as specified in High Peak's Internet Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Changes

High Peak reserves the right to change the Content on this website and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continued use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

You may review the High Peak Internet Privacy Statement at https://www.highpeak.ai/privacy-policy.

Children

This website does not intend to market any High Peak products or services to children under thirteen (13) years of age. High Peak does not knowingly gather or solicit data from children under thirteen (13) years of age through this website for marketing purposes. By using this website you represent that you are not under thirteen (13) years of age.

Cautionary Language Regarding Forward-Looking Statements

All Content, together with information filed and furnished with the Securities and Exchange Commission and any oral information provided by High Peak executives that relates to High Peak's future performance or financial results are considered forward-looking statements. These forward-looking statements involve uncertainties that could cause actual performance or results to materially differ, and readers are cautioned not to place undue reliance on them. All forward-looking statements should be read in conjunction with the additional information about risks and uncertainties set forth in our Securities and Exchange Commission reports, including our annual report on Form 10-K for the most recently ended reportable year.

COOKIES

Cookies.  Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about your visit to the website. Cookies help us to learn which areas of the website are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you disable this function, your experience on the website may be diminished and some features may not work as intended.

By using this website, you agree that we can place cookies on your device which collect certain data and for the purposes as further detailed in the High Peak Internet Privacy Statement (https://www.highpeak.ai/privacy-policy).

Governing Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of New Jersey, without giving effect to conflict of law principles thereof.

United States Only

The services and products described and information provided through this website are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person in any other country or any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject High Peak to any registration requirement within such jurisdiction or country. Persons outside the United States can gain access to international websites of our related entities at Global Presence. Persons who access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations. Software and other materials from this website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to any country or anyone prohibited by law. High Peak prohibits your downloading or exporting of software or other material from this website in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from this website, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.

Termination

High Peak reserves the right in its sole discretion to terminate or restrict your use of all or any part of the website, without notice, for any or no reason, and without liability to you or anyone else. The Terms and Conditions relating to Ownership and Use of Content, Indemnification, Limitation of Liability, Warranty Disclaimer, Limitation of Liability, and Governing law shall survive any termination.