TERMS OF SERVICE
Effective date: Sep 1, 2023
Welcome to ChatterHigh. These Terms of Service (the “Terms”) are a legal contract between you and ChatterHigh Communications Inc. and its affiliates (collectively, “CHATTERHIGH”) and govern your use of all data, educational materials, information, software, graphics, images, and other materials (collectively, “Materials”) that CHATTERHIGH and its affiliates may make available to you and/or any services CHATTERHIGH may provide through CHATTERHIGH’s website, platform for online learning (“Platform”), or other means (collectively, the “Services”).
If you are agreeing to these Terms as a representative of an educational institution, school district or school board (“School”) you represent and warrant that you have received authorization from the School to use the Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. USING THE SERVICES IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR ANY OTHER PART OF THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CHATTERHIGH. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
CHATTERHIGH is available for use by teachers on behalf of a School in a classroom setting or by individual users for non-commercial purposes. You must be at least 13 years old to create an account with CHATTERHIGH, or you must sign-up through your School under their age policies. If you are a teacher using ChatterHigh with students, it is assumed that you are authorized to use ChatterHigh under your School policies. If you are an individual user (i.e. not using ChatterHigh as directed by a School) and younger than 18 years old (a “Minor”), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Services and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree that you are solely responsible for monitoring and supervising such Minor’s use of the Services and to bind the Minor to these Terms and to fully indemnify and hold CHATTERHIGH harmless if the Minor breaches any of these Terms.
In accordance with these Terms, CHATTERHIGH hereby grants you a limited, personal, non- exclusive, revocable and non-transferable license to display, print, and use the Materials as follows (the “Permitted Purpose”): (i) if you are using the materials as an individual for home use, homeschooling, or caregiving, the Materials are licensed to you for your personal, non- commercial, use only; (ii) if you are using the Materials in your capacity as a teacher or on behalf of a School, the Materials are licensed to you for use by you and your students. No Materials may be shared in any manner except as stated above. Your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). Except as expressly permitted in the foregoing license grant section below, you have no rights in the Materials, the Services or any part thereof and you may not modify, edit, copy, reproduce, redistribute, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Services in any manner. If you make copies of any part of the Materials while engaging in Permitted Purposes then CHATTERHIGH asks that you be sure to keep on the copies all of CHATTERHIGH’s copyright and other proprietary notices as they appear on the Materials or the applicable Services. You may only use such copies in connection with your use of the Services.
Unfortunately, if you breach any of these Terms the above license will terminate automatically and you must immediately delete and/or destroy (as applicable) any downloaded or printed Materials and any copies thereof.
Accounts; Password Restricted Services
You need not register with CHATTERHIGH to simply visit and view the website and not use any services or download any Materials. However, in order to access certain password-restricted areas of the website, to use certain Services, and access certain Materials, you must successfully register an account with CHATTERHIGH.
If you would like an account with CHATTERHIGH, you must provide, through one of the applicable account registration page(s), such information as CHATTERHIGH requests on such page(s). You may also have the opportunity to provide additional, optional information so that CHATTERHIGH can provide you a more customized experience when using the Services. Once you submit the required registration information, CHATTERHIGH alone will determine whether or not to approve your proposed account, which approval CHATTERHIGH may revoke at any time in its sole discretion. If approved, you will be permitted to log in to your account with your password.
CHATTERHIGH may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as Clever, Classlink, or Google, (as permitted or required by your school district policies). By using such third-party account and/or credentials you are consenting to CHATTERHIGH’s retention and use, and such third-party site’s disclosure, of the account, credentials, and other populated profile information that you submit or permit such third-party account to submit on your behalf.
For so long as you use your CHATTERHIGH account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. Because it is your account, it is your responsibility to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that CHATTERHIGH may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify CHATTERHIGH at the contact information listed below.
You may delete your account at any time by emailing firstname.lastname@example.org and requesting deletion. Once you delete your account, you will no longer have access to the Platform [or any information about your activity on the Platform.] A School that enters into a contract with CHATTERHIGH for the purposes of using the platform, and that provides user information for the purpose of CHATTERHIGH creating the user accounts, may request that all such provided accounts be deleted upon the expiration of the contract period. If no School requirement for deletion is given, individual students may continue to use the site, or request deletion on their own by emailing email@example.com.
From time to time, and with your consent where required under applicable law, CHATTERHIGH may send you electronic communications including notices about information concerning or related to the Services, for example, information about your status in a contest or draw you have entered into. You agree that any notices, agreements, disclosures, or other communications that CHATTERHIGH or third-party organizations send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
For clarity, electronic communications from CHATTERHIGH consist of messages regarding the use of the site (e.g. verification emails upon sign-up, weekly reports, or informing you that you have won a draw prize or a bursary.) Unless permission has been received by you, through your teacher or parent, (e.g. you won a scholarship to a University through ChatterHigh and we need to connect you with them), you will not receive communication from partners of CHATTERHIGH (e.g. Universities.) Your email will never be provided to any organization for the purpose of marketing or advertising to you.
Certain areas of the Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a “Submission”). You agree that you are solely responsible for all of your Submissions and that any such Submission is considered both non-confidential and non-proprietary. Further, CHATTERHIGH does not guarantee that you will be able to edit or delete any Submission you have submitted.
By submitting any Submission, you represent and warrant to CHATTERHIGH that, and acknowledge that CHATTERHIGH is relying on such representations and warranties that:
You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to CHATTERHIGH the rights in your Submissions as described in these Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
Your Submission does not violate any applicable law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
Your Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your Submission does not contain any information that you consider proprietary; and
Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Your Submission does not contain any personal information of other individuals.
By submitting a Submission, you grant to CHATTERHIGH an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that CHATTERHIGH may deem appropriate in CHATTERHIGH’s sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service); and
CHATTERHIGH may, but is not obligated to, pre-screen Submissions or monitor any area of the Services through which Submissions may be submitted. CHATTERHIGH is not required to host, display, or distribute any Submissions on or through the Services and may remove at any time or refuse any Submissions for any reason. You understand that when using the Services you will be exposed to Submissions from a variety of sources and that CHATTERHIGH are not responsible for the accuracy, usefulness, reliability, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, defamatory, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CHATTERHIGH with respect thereto. CHATTERHIGH is not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that CHATTERHIGH may freely disclose your Submission to any third party absent any obligation of confidence on the part of the recipient.
You waive any right to inspect or approve the use of your Submissions, whether modified or not, whether that use is known to you or unknown, and you agree that you will have no claim to compensation or other benefit, and no claim arising out of any use of your Submissions (or any modifications thereto) as contemplated above.
For clarity, User Submissions exclude Student data that we collect through the platform.
Schools and Student Information
CHATTERHIGH accounts are created using a student’s first name and last name initial, email, gender, grade and school. Schools are not required to share full student names with CHATTERHIGH. Any data collected or generated through the Platform will only be associated with the student’s email. So that teachers can identify their students in a class report, they can see the first name, last initial, grade and gender, and in the case of a teacher account validated manually by ChatterHigh, the student email.
With respect to any student personal information collected or processed by CHATTERHIGH on behalf of a School (“Student Information”), CHATTERHIGH agrees:
- without limiting (a), not use or share Student Information for its own benefit or purposes, including advertising or marketing, without the School’s consent, except that CHATTERHIGH may create, use and share aggregated and/or anonymized Student Information for its own purposes, provided that such data is non-identifiable as to School and otherwise no longer constitutes personal information under applicable privacy laws;
- notify the School in writing of any (i) complaint or correspondence received by CHATTERHIGH relating to the processing of Student Information, and (ii) order, demand, warrant or any other document purporting to compel the production of any personal information, and provide reasonable assistance to facilitate School’s compliance with the School’s obligations under applicable privacy laws with respect to such enquiry, complaint or demand;
- implement reasonable physical, technical, and administrative measures appropriate to the sensitivity of the Student Information in an effort to safeguard Student Information against loss, theft, damage or unauthorized or unlawful access or processing;
- limit access to Student Information only to those employees, permitted contractors and sub-processors of CHATTERHIGH who need to have access to the Student Information for the purposes of CHATTERHIGH providing the Services to the School;
- ensure or cause each of the employees, permitted contractors and sub-processors of CHATTERHIGH to agree to protect the confidentiality and security of Student Information in accordance with these Terms, and provide training to employees on compliance with applicable privacy laws;
- upon the School’s written request, and no more frequently than once in any twelve (12) month period, CHATTERHIGH will have a nationally recognized audit firm conduct an audit of CHATTERHIGH’s systems that process personal information and will use commercially reasonable efforts to obtain a SOC 2 Type II report from its data centre providers.
- notify School without undue delay upon CHATTERHIGH becoming aware of any actual theft, loss or unauthorized access, use or disclosure of Student Information being processed by CHATTERHIGH on behalf of the School, and reasonably cooperate with the School to help contain or remedy the breach.
A School that provided student information as part of a contract for the purposes of using the platform, or an individual student can request that CHATTERHIGH terminate student accounts at any time. Upon such request, the accounts and all data associated with the accounts will be deleted. Upon request CHATTERHIGH will certify to School in writing that it has deleted the accounts. If a School or a student does not request deletion of accounts, CHATTERHIGH will retain students accounts and associated Student Information for as long as the student uses the Platform, including to use the Platform as an Alumni. In the event applicable law does not permit CHATTERHIGH to delete the Student Information, CHATTERHIGH warrants that it shall ensure the confidentiality of the personal information.
CHATTERHIGH may generate and use aggregated and/or anonymized data for its own purposes provided such data no longer constitutes personal information under applicable privacy laws.
Each School using the Services is responsible for obtaining all necessary consents, providing any notices and otherwise having all requisite authority to use the Services, including ensuring that the collection, use, and disclosure of personal information which such School collects through the Services complies with laws, regulations, and rules applicable to such School, including any other applicable legal or contractual restrictions, and School further represents and warrants that it will not direct or engage CHATTERHIGH to collect, use, disclose or otherwise process Student Information in a manner that would violate applicable law or any other legal or contractual restrictions applicable to the School.
To be clear, CHATTERHIGH authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and CHATTERHIGH, all rights in the Services remain CHATTERHIGH’s property.
Unauthorized use of the Services may result in violation of various copyright laws. You agree to not to use the Services: (i) in a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of the Services or Materials for any commercial purpose that competes with CHATTERHIGH’s Services in any way; (ii) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (iii) to stalk, harass, or harm another individual; (iv) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (v) to interfere with or disrupt the Services or servers or networks connected to any of the Services; (vi) to use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or (vii) to attempt to gain unauthorized access to any portion of the Services, Materials, or any other accounts, computer systems, or networks connected to the Services or Materials, whether through hacking, password mining, or any other means. You agree to obtain legal representation to defend CHATTERHIGH if you violate these Terms and that violation results in a problem for CHATTERHIGH. You also agree to pay any damages that CHATTERHIGH may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. CHATTERHIGH reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CHATTERHIGH’s defense of such claim.
The Services include registered and unregistered trademarks that belong to CHATTERHIGH. Other trademarks, names, and logos found in the Services are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them in the Services are CHATTERHIGH’s sole property or the property of CHATTERHIGH’s licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Links to Third-Party Sites
CHATTERHIGH may provide links from the Services or Materials to third-party websites, applications, or other platforms (collectively, “Third-Party Sites”). If you use these links, you will leave the Services. CHATTERHIGH is not obligated to review any Third-Party Sites linked to from the Services, CHATTERHIGH does not control any of the Third-Party Sites, and CHATTERHIGH is not responsible for any of the Third-Party Sites (or the products, services, or content available through any of them). CHATTERHIGH does not endorse or make any representations about such Third-Party Sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the Third-Party Sites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those Third-Party Sites. Certain areas of the Services may allow you to interact and/or conduct transactions with one or more Third-Party Sites or services, and, if applicable, allow you to configure your privacy settings in that third-party account to permit your activities on the Services to be shared with your contacts in your third-party site account.
Notwithstanding the above, CHATTERHIGH activities contain “Research” links to third-party sites where Students find answers to questions contained in the quiz activities. CHATTERHIGH has a process in place to review these sites to ensure that content is appropriate for the curriculum and that the organization is one that a School would find acceptable. Examples of appropriate sites are post-secondary institutions, government, labour market, industry and certain non-profit websites. To the extent that we provide reports to these organizations, the information in the reports are aggregated and anonymized metrics that do not identify any individual.
Disclaimer of Warranties
The Services and Materials are provided “as is” and “with all faults”, and the entire risk as to the use of the Services and Materials is with you. CHATTERHIGH expressly disclaims all warranties of any kind (express, implied, or statutory) with respect to the Services and Materials, which includes but is not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights.
Without limiting the generality of the foregoing, CHATTERHIGH makes no warranty that the Services or Materials will meet your requirements, that Services will be uninterrupted, timely, secure, or error free, or that defects in the Services or Materials will be corrected. CHATTERHIGH makes no warranty as to the results that may be obtained from the use of the Services or Materials, or as to the accuracy or reliability of any information or Services obtained through the use of the Services or Materials, and are not responsible for the products, Services, actions, or failure to act of any third party. No advice or information, whether oral or written, obtained by you through your use of the Services or from CHATTERHIGH or its subsidiaries/other affiliated companies shall create any warranty. CHATTERHIGH disclaims all equitable indemnities.
Limitation of Liability
To the maximum extent permitted by applicable law, neither CHATTERHIGH nor any of CHATTERHIGH’s affiliates, suppliers, advertisers, affiliates, or agents or sponsors be liable for any damages resulting from your displaying, copying, or downloading any Materials to or from the Services. To the maximum extent permitted by applicable law, in no event shall CHATTERHIGH be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic advantage) however arising, even if CHATTERHIGH knows there is a possibility of such damage. Your sole remedy for dissatisfaction with the Materials or the Services is to stop using them. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
You hereby agree that the aggregate maximum liability to CHATTERHIGH for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise, shall be the total amount paid to CHATTERHIGH by you, if any, for access to the Services and Materials in the twelve months preceding any such claim.
CHATTERHIGH controls and operates the Services from CHATTERHIGH’s headquarters in Canada and all of the Services may not be appropriate or available for use in other locations. If you use the Services outside of Canada, you are solely responsible for following applicable local laws. CHATTERHIGH may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction CHATTERHIGH choose, at any time. Not all products or services may be available in all states or territories.
Any submissions by you to CHATTERHIGH regarding the Website (including without limitation comments, questions, suggestions, and materials) (collectively, “Feedback”) through any communication whatsoever (including without limitation telephone, email, direct message, and social media) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and CHATTERHIGH are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that CHATTERHIGH are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
PLEASE READ THESE PROVISIONS CAREFULLY. THEY AFFECTS YOUR LEGAL RIGHTS.
These “Dispute Resolution” terms (collectively, the “Dispute Resolution Terms”) facilitates the prompt and efficient resolution of any Dispute whenever you assert claims against CHATTERHIGH. In these Terms, “Dispute” includes any claim or controversy, whether based in contract, statute, regulation, or tort, including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Dispute Resolution Terms (with the exception of the enforceability of the Class Action Waiver provisions below) which may arise between you and CHATTERHIGH; it is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as CHATTERHIGH’s affiliates, licensors, suppliers, dealers, or third-party vendors).
Under these Dispute Resolution Terms, all disputes between you and CHATTERHIGH which cannot be resolved by mutual agreement within 60 days shall be resolved by binding arbitration acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of these Dispute Resolution Terms, which would provide you a right and opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND CHATTERHIGH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THESE DISPUTE RESOLUTION TERMS.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give CHATTERHIGH an opportunity to resolve the Dispute which is first done by delivering to CHATTERHIGH by registered mail to Chatterhigh Communications Inc., Unit 2 – 777 Fort St, Victoria, British Columbia, Canada, V8W1G9 the following information: (i) your name (and your organization’s name, if applicable); (ii) your address (and any separate address to which CHATTERHIGH may respond to your claim, if applicable); (iii) a written description of your claim, providing all relevant details; and (iv) a description of the specific relief you seek. If CHATTERHIGH does not resolve the Dispute within 60 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration and Right to Opt Out
Notwithstanding the above, you or CHATTERHIGH may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in Small Claims Court within the Province of British Columbia, Canada; or (b) you opt-out of these Dispute Resolution Terms within 30 days from the date that you first consent to this agreement (the “Opt-Out Deadline”). You may opt-out of these Dispute Resolution Terms by mailing the following information by registered mail to Chatterhigh Communications Inc., Unit 2 – 777 Fort St, Victoria, British Columbia, Canada, V8W1G9: (i) your name (and your organization’s name, if applicable); (ii) your address (and any separate address to which CHATTERHIGH may respond to your claim, if applicable); and (iii) a clear and unequivocal statement that you do not wish to resolve disputes with CHATTERHIGH through arbitration. Your decision to opt out of the arbitration provisions of the Dispute Resolution Terms will have no adverse effect on your relationship with CHATTERHIGH.
If you have not opted out of the arbitration provisions of these Dispute Resolution Terms and the Dispute is not resolved as provided above, then either you or CHATTERHIGH may initiate arbitration proceedings. You and CHATTERHIGH hereby agree to use the applicable Commercial Arbitration Rules of Procedure set out by the British Columbia International Commercial Arbitration Centre to arbitrate all Disputes. In no circumstances may a claim related to a Dispute be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Dispute Resolution Terms.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or CHATTERHIGH hereby agree to initiate arbitration in Vancouver, British Columbia.
Payment of Arbitration Fees and Costs. You are responsible for all fees and costs that you incur in the arbitration which include but are not limited to legal fees or fees incurred in connection with expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with CHATTERHIGH as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that CHATTERHIGH is the prevailing party in the arbitration, CHATTERHIGH will be entitled to recover reasonable legal fees and costs from you as may be determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in these Dispute Resolution Terms, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or other action) unless both you and CHATTERHIGH specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the arbitration provisions of these Dispute Resolution Terms, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting these Dispute Resolution Terms, you and CHATTERHIGH are each waiving the right to a jury trial or a trial before a judge in a court of competent jurisdiction. In the absence of these Dispute Resolution Terms, you and CHATTERHIGH might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any provisions of these Dispute Resolution Terms is found to be illegal or unenforceable, the applicable provision(s) will be severed from these Dispute Resolution Terms, and any remaining provisions shall have full force and effect.
These Dispute Resolution Terms shall survive the termination of your account with CHATTERHIGH and your discontinued use of the Services. Notwithstanding any provision in these Dispute Resolution Terms to the contrary, CHATTERHIGH agrees that if it makes any change to these Dispute Resolution Terms (other than a change to any address to which you may provide notice to CHATTERHIGH), you may reject any such change and require CHATTERHIGH to adhere to the language in these Dispute Resolution Terms set forth as of the date on which you used the applicable Services if a Dispute arises.
Violations of these Terms, as determined by CHATTERHIGH, may require immediate termination of your access to the Services without prior notice to you. The laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to the choice or conflicts of law provisions, govern these Terms. Except for disputes subject to arbitration as described above, any disputes relating to these Terms, the Services, or the Materials will be heard in the courts located in the City of Vancouver, Province of British Columbia, Canada. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, CHATTERHIGH is not waiving any of CHATTERHIGH’s rights. These Terms are the entire agreement between you and CHATTERHIGH and, therefore, supersede all prior or contemporaneous negotiations, discussions, or agreements between you and CHATTERHIGH about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions set forth in these Terms shall survive any termination of these Terms.
Changes to the Terms
CHATTERHIGH may alter the Materials and Services and/or CHATTERHIGH may choose to modify, suspend, or discontinue any part of the Services at any time and without notifying you. CHATTERHIGH may also change, update, add, or remove provisions (collectively, “modifications”) of these Terms from time to time. CHATTERHIGH shall inform you of any modifications to these Terms by posting such modifications on its website and, if you have registered for an account with CHATTERHIGH, by describing the modifications to these Terms in an email that CHATTERHIGH will send to the address that you provided during registration. To be sure CHATTERHIGH properly reach your email inbox, CHATTERHIGH just ask that you let CHATTERHIGH know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease all use of the Services. Continued use of any Services following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this website or associated with specific Services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
If you have any questions about these Terms, you can reach CHATTERHIGH at Unit 2 – 777 Fort St, Victoria, British Columbia, Canada, V8W1G9,