PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST THE COMPANY TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. THE AGREEMENT TO ARBITRATE WILL BE SUBJECT TO THE AAA RULES (DEFINED AND DESCRIBED BELOW).
Some Services (including products) may be subject to supplement terms, conditions, policies and other agreements that will be made available to you separately when you such Services are offered (the “Supplemental Terms”).
BY PLACING AN ORDER FOR PRODUCTS FROM THE HIGHTEN PLATFORM, YOU ACCEPT AND ARE BOUND BY OUR PURCHASE TERMS AND CONDITIONS FOUND HERE (THE “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.
The Purchase Terms are subject to change by the Company without prior notice at any time, in our sole discretion. The latest version of the Purchase Terms is accessible through the hyperlink above, and you should review the Purchase Terms before purchasing any product available through the HIGHTEN Platform. Your continued use of the HIGHTEN Platform after a posted change in the Purchase Terms will constitute your acceptance of and agreement to such changes.
Consent to Doing Business Electronically; Communications
Because the HIGHTEN Platform operates on the Internet, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on the HIGHTEN Site, sending you a notification or message, emailing it to an email address that you have provided us or mailing it to any postal address that you have provided us. All notices by any of these methods will be deemed received by you no later than the earlier of when received or 24 hours after sent to the contact information you provided, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed to the most recent address we have on file for you.
You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purpose, at any telephone number or physical or electronic address you provide or at which you may be reached.
In the event you change or deactivate your e-mail address, mailing address, or any other contact information you have provided, you agree to promptly update your contact information.
Links from the HIGHTEN Platform
If the HIGHTEN Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this HIGHTEN Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the HIGHTEN Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HIGHTEN PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIGHTEN PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE HIGHTEN PLATFORM, ITS PRODUCTS AND ANY CONTENT AND SERVICES OR OTHER ITEMS OBTAINED THROUGH THE HIGHTEN PLATFORM IS AT YOUR OWN RISK. THE HIGHTEN PLATFORM, ITS PRODUCTS AND ANY CONTENT AND SERVICES OR OTHER ITEMS OBTAINED THROUGH THE HIGHTEN PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE HIGHTEN PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE HIGHTEN PLATFORM, ITS PRODUCTS AND ANY CONTENT AND SERVICES OR OTHER ITEMS OBTAINED THROUGH THE HIGHTEN PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE HIGHTEN PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE HIGHTEN PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HIGHTEN PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH THE COMPANY OTHERWISE AGREED TO, IN WRITING, OR CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HIGHTEN PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE HIGHTEN PLATFORM OR SUCH OTHER WEBSITES OR ANY PRODUCTS, SERVICES OR OTHER ITEMS OBTAINED THROUGH THE HIGHTEN PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH THE COMPANY OTHERWISE AGREED TO, IN WRITING, OR CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Intellectual Property Rights
The HIGHTEN Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the HIGHTEN Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You may download a single copy of any desktop, mobile or other applications we provide to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the HIGHTEN Platform or any services or materials available through the HIGHTEN Platform.
The Company name and all related names, trademarks, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this HIGHTEN Platform are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the HIGHTEN Platform, or which, as determined by us, may harm the Company or users of the HIGHTEN Platform or expose them to liability.
Additionally, you agree not to:
Use the HIGHTEN Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the HIGHTEN Platform, including their ability to engage in real time activities through the HIGHTEN Platform.
Use any robot, spider or other automatic device, process or means to access the HIGHTEN Platform for any purpose, including monitoring or copying any of the material on the HIGHTEN Platform.
Use any manual process to monitor or copy any of the material on the HIGHTEN Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the HIGHTEN Platform.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the HIGHTEN Platform, the server on which the HIGHTEN Platform is stored, or any server, computer or database connected to the HIGHTEN Platform.
Attack the HIGHTEN Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the HIGHTEN Platform.
Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the HIGHTEN Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the HIGHTEN Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Information About You and Your Visits to the HIGHTEN Platform
Payment Information and Accessing the HIGHTEN Platform and Account Security
We reserve the right keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made within your HIGHTEN Account. All payment obligations are non-cancelable and all amounts paid are non-refundable.
We reserve the right to withdraw or amend this HIGHTEN Platform, and any service we provide on the HIGHTEN Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the HIGHTEN Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the HIGHTEN Platform, or the entire HIGHTEN Platform, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the HIGHTEN Platform; and
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your HIGHTEN Account is personal to you and agree not to provide any other person with access to this HIGHTEN Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your HIGHTEN Account at the end of each session. You should use particular caution when accessing your HIGHTEN Account from a public or shared computer so that others are not able to view or record your password or other personal information.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS.
Pre-Arbitration Dispute Resolution
Company is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company should be sent to P.O. Box 121, 21201 S. Elsner Road, Frankfort, Illinois, 60423 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you are or Company is entitled.
Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of each’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.
Future Changes to Arbitration Agreement
Your Comments and Concerns
This website is operated by HIGHTEN, LLC.
All other feedback, comments, requests for technical support and other communications relating to the HIGHTEN Platform should be directed to: firstname.lastname@example.org. Mailings and other notices may be sent to the Company at P.O. Box 121, 21201 S. Elsner Road, Frankfort, Illinois, 60423.