PURCHASE TERMS AND CONDITIONS
These terms and conditions (these "Purchase Terms") apply to the purchase and sale of products and services through www.hightensifter.com (the “HIGHTEN Site”) and any mobile application (the “HIGHTEN App,” and together with the HIGHTEN Site and the Services, the “HIGHTEN Platform”) offered by HIGHTEN, LLC (the “Company” and also referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Purchase Terms will be posted on the HIGHTEN Platform, and you should review these Purchase Terms before purchasing any product or services that are available through the HIGHTEN Platform. Your purchase of any product or services that are available through the HIGHTEN Platform after a posted change in these Purchase Terms will constitute your acceptance of and agreement to such changes.
- THESE PURCHASE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE PURCHASE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS FROM THE HIGHTEN PLATFORM, YOU ACCEPT AND ARE BOUND BY THESE PURCHASE TERMS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THE HIGHTEN PLATFORM IF YOU (A) DO NOT AGREE TO THE PURCHASE TERMS, (B) ARE NOT AT LEAST 25 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE HIGHTEN PLATFORM OR ANY OF ITS CONTENT OR PRODUCTS BY APPLICABLE LAW.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Purchase Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at (833) 444-4836.
- Pricing and Payment Terms.
- All pricing posted on the HIGHTEN Platform are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of payment are within our sole discretion and payment must be made through our payment processor before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us or our payment processor is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. When you provide credit card information to us, you authorize us to charge such credit card for both the down payment and all installment payments.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
- Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Cancellations and Returns; Limited Warranty.
- If your order has not been shipped, your order may be cancelled at any time prior to shipping by sending an email to Hi@HightenSifter.com or calling (833) 444-4836 with your contact information and order number. If your order is cancelled, you will receive a full refund. If your order has been shipped, products may be returned up to 30 days following purchase. You will be responsible for the cost of shipping products back to the Company and a 20% restocking fee will be deducted from your refund. No refunds after 30 days following purchase. You bear the risk of loss during shipment. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE HIGHTEN PLATFORM AS NON-RETURNABLE.
- The Company warrants to you that, for one year after the date of sale (the “Warranty Period”), all new and unused products of the Company shall be free from defects in materials and workmanship under normal use and service, ordinary wear and tear excepted (the “Limited Warranty”). If the products shall be proved during the Warranty Period to the Company’s satisfaction to be so defective, the Company shall have the option to credit the purchase price of such products or repair or replace such products. Such credit, repair or replacement shall be the Company’s sole obligation and the sole and exclusive remedy with regard to such defect in the products. Notwithstanding the foregoing, in the event there is a conflict between the Limited Warranty and the warranty provided in the product packaging, the warranty provided in such product packaging shall control, provided that the two warranties shall be read in conjunction to the extent possible. The Limited Warranty does not cover any of the following: (i) claims for labor, expenses or other loss related to any defect; (ii) products and services not provided by the Company or its authorized representatives, as well as damages arising therefrom; or (iii) replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, negligence of you or any third party, or any other cause not the fault of the Company.
- The Limited Warranty is conditioned upon the Company receiving written notice of any alleged defect within 15 days after delivery or discovery of the alleged defect and, at the Company’s option, return of such products to the Company, F.O.B. its warehouse or other designated location. All costs of dismantling, reinstallation and freight, and all time and expenses of the Company’s personnel and representatives for travel and diagnosis shall be borne by you unless accepted in writing by the Company. Products repaired and/or replaced by the Company during the Warranty Period shall be in warranty for the remainder of the Warranty Period only.
- THE LIMITED WARRANTY CONTAINED HEREIN IS THE ONLY WARRANTY PROVIDED BY THE COMPANY FOR THE PRODUCTS. THE COMPANY ASSUMES NO OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE PRODUCTS. THE COMPANY DOES NOT AUTHORIZE ANY SELLING DEALER OR DISTRIBUTOR OR ANY OTHER PERSON OR ENTITY TO ALTER, AMEND, EXPAND, EXTEND OR OTHERWISE CHANGE THE LIMITED WARRANTY IN ANY MANNER. THE LIMITED WARRANTY IS IN LIEU OR ALL OTHER WARRANTIES AND REPRESENTATIONS, STATUTORY OR OTHERWISE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE EXPLICITLY DISCLAIMED.
- Chargeback Protections. An electronic commerce transaction is not eligible for Chargeback protection pursuant to Chargeback Reason Codes 75 (Transaction Not Recognized) and 83 (Fraud Card-Absent Environment) if either:
- the merchant is classified with one of the following Merchant Category Codes (each, an “MCC”):
- MCC 4829 (Wire Transfer Money Orders);
- MCC 5967 (Direct Marketing Inbound Teleservices Merchant);
- MCC 6051 (Non-Financial Institutions Foreign Currency, Money Orders not Wire Transfer, Travelers’ Cheques); or
- MCC 7995 (Betting, including Lottery Tickets, Casino Gaming Chips, Off-Track Betting, and Wagers at Racetracks); or
- The merchant has been identified in the Merchant Chargeback Monitoring Program or Risk Identification Service Online. A merchant remains ineligible while it is in either program, and for an additional four months after exiting the program. This condition also applies if the merchant enabled Verified by Visa while identified in either program.
- the merchant is classified with one of the following Merchant Category Codes (each, an “MCC”):
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
- Dispute Resolution and Binding Arbitration.
- YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE HIGHTEN PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Purchase Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Purchase Terms.
- No Waivers. The failure by us to enforce any right or provision of these Purchase Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
- No Third Party Beneficiaries. These Purchase Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Purchase Terms by: (i) sending a message to the email address you provide or (ii) by posting to the HIGHTEN Platform. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Purchase Terms, you must contact us as follows: (i) by electronic mail to Hi@HightenSifter.com; or (ii) by personal delivery, overnight courier or registered or certified mail to P.O. Box 121, 21201 S. Elsner Road, Frankfort, Illinois 60423. We may update the facsimile number or address for notices to us by posting a notice on the HIGHTEN Platform. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Purchase Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Purchase Terms and will not affect the validity or enforceability of the remaining provisions of these Purchase Terms.