Terms of Use

Acceptance of the Terms of Use

These terms of use, together with any documents they expressly incorporate by reference (these “Terms of Use”), are entered into by and between you and HIGHTEN, LLC (“Company”, “we” or “us”) and govern your access to and use of www.hightensifter.com, whether as a guest or a registered user, including any content, functionality, products and services (the “Services”) offered on or through www.hightensifter.com (the “HIGHTEN Site”) and any mobile application we offer (the “HIGHTEN App,” and together with the HIGHTEN Site and the Services, the “HIGHTEN Platform”).

This HIGHTEN Platform is offered and available to users who are of legal age and capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements, including purchasing and using the Company’s products and services. If you do not meet all of these requirements, or if you do not want to be bound by these Terms of Use and our privacy policy (“Privacy Policy”), which can be found here, you must not access or use the HIGHTEN Platform. 

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 clicking to accept or agree to the Terms of Use when this option is made available to you, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements, including purchasing and using our products, and you accept and agree to be bound and abide by these Terms of Use, including our Purchase Terms set forth below.

Account Information

In order to purchase products on the HIGHTEN Platform, users must provide certain account details and other information ("Account Information"). The Account Information will require users to provide identifying information such as name, address, date of birth, email address and payment information and will be issued secure connection via user login and user generated password. It is a condition of a user’s use of the HIGHTEN Platform that the Account Information provided by such user is correct, current and complete at all times. The Company has the right to disable any username, password or other identifier, whether chosen by a user or provided by the Company, at any time in the Company's sole discretion for any or no reason, including in connection with a user’s breach or suspected breach of these Terms of Use or any applicable law.

Purchase 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.

In order to pay for your purchases, you must agree to the terms and conditions of our third party payment providers. Currently, we use Authorize.net, and their payment terms are found here: https://www.authorize.net/about-us/terms.html.  If any of those terms conflict with these Terms of Use or the Purchase Terms, those other terms will govern with respect to those terms related to payment processing. We may collect, store or use your credit card or other payment information.

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.

Changes to the Terms of Use and the HIGHTEN Platform

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the HIGHTEN Platform thereafter, unless applicable law requires your affirmative consent, in which case, we will require such affirmative consent the next time you access the HIGHTEN Platform. However, any changes to the provisions set forth in Dispute Resolution by Binding Arbitration will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the HIGHTEN Platform.

Your continued use of the HIGHTEN Platform following the posting of revised Terms of Use means that you accept and agree to the changes, unless applicable law requires your affirmative consent, in which case, your affirmative consent will mean you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to any changed Terms of Use, you must discontinue using the HIGHTEN Platform. We may discontinue, temporarily or permanently the HIGHTEN Platform, including any part or all of our Services, or otherwise change the Services we offer with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the HIGHTEN Platform or any of our Services.

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.

These Terms of Use permit you to use the HIGHTEN Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our HIGHTEN Platform, except as follows:

  • 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.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the HIGHTEN Platform in breach of the Terms of Use, your right to use the HIGHTEN Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the HIGHTEN Platform or any content on the HIGHTEN Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the HIGHTEN Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

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.

Prohibited Uses

You may use the HIGHTEN Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the HIGHTEN Platform:

  • 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 send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

  • 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.

  • Terminate or suspend your access to all or part of the HIGHTEN Platform for any violation of these Terms of Use.

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

All information we collect on this HIGHTEN Platform is subject to our Privacy Policy. By using the HIGHTEN Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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

  • Complying with these Terms of Use.

To access the HIGHTEN Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the HIGHTEN Platform that all the information you provide on the HIGHTEN Platform is correct, current and complete. You agree that all information you provide to register with this HIGHTEN Platform or otherwise, including but not limited to through the use of any interactive features on the HIGHTEN Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the HIGHTEN Platform, including, but not limited to, any use of the HIGHTEN Platform's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the HIGHTEN Platform.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration Section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Terms of Use (including any alleged breach), the HIGHTEN Platform, our Services, any advertising, any aspect of the relationship, or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

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 hi@hightensifter.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.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

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.

Confidentiality

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.

Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.

Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Use to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the HIGHTEN Platform, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

Waiver 

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HIGHTEN Inc. with respect to the HIGHTEN Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the HIGHTEN Platform.

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: hi@hightensifter.com. Mailings and other notices may be sent to the Company at P.O. Box 121, 21201 S. Elsner Road, Frankfort, Illinois, 60423.