Terms and Conditions

BY VISITING HIGHTIDELEARNING.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to High Tide Learning Studio. The term the “Site” refers to hightidelearning.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

Services include employee training development, training consulting, free resources about employee training and workforce development, blog posts with information and resources, digital products for sale concerning employee training.

Use of hightidelearning.com, including all materials presented herein and all online services provided by High Tide Learning Studio., is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and High Tide Learning Studio (“we,” “us” or “our”), concerning your access to and use of the www.hightidelearning.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to employee training and other information are subject to change. High Tide Learning Studio makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. High Tide Learning Studio disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to High Tide Learning Studio will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. 

SECURITY AND INTEGRITY OF USER’S DATA

Hightidelearning.com attempts to ensure the integrity and security of User’s Data, including the use of automated daily system backups, secure servers, and restricted access to back office systems. However, such procedures cannot guarantee complete security and integrity of Data. Therefore, High Tide Learning Studio makes no guarantee and assumes no liability for the security of any Data on any server including “secure servers.” High Tide Learning Studio shall not be liable for the loss or modification of any User content due to any breach of security. High Tide Learning Studio’s backup systems are reserved for Hight Tide Learning Studio use and are not available to User for the purposes of requesting Data when such missing or defective Data are the results of circumstances not related to High Tide Learning Studio system failures or breach of security.

STANDARD TERM/LENGTH OF AGREEMENT

The Term/Length of this Agreement shall begin on the Effective Date and shall not end. Terms of any written Agreement between High Tide Learning Studio and User shall override any inconsistencies or contradictory terms of this Agreement. For purposes of this Agreement, the “Effective Date” shall be the date on which High Tide Learning Studio delivers notification of Service activation to User. 

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

REFUNDS AND RETURNS

Due to the digital and custom nature of our products and services, we DO NOT offer any cancellations, refunds or returns for any products or services for any reason. Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. If you have any questions about our Refund and Return Policy, please send an email to erin@hightidelearning.com and we will be happy to assist you.

FINANCIAL OBLIGATION

Client is responsible for the completion of all payment plans associated with services and products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency. 

CHARGEBACKS

In the event that Client terminates services prior to the completion of the Services, Client shall be responsible for the entire fee set forth herein.  To the extent that Client provides Company with Credit-Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card for any unpaid invoices.  If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.  Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.  Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.    

LATE FEES

High Tide Learning Studio shall charge a two-percent (2%) late penalty to all balances that are not paid in a timely manner by Client.  

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to High Tide Learning Studio. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to High Tide Learning Studio remains yours to the extent that you have any legal claims therein. You agree to hold High Tide learning Studio harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by High Tide Learning Studio, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. 

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HIGH TIDE LEARNING STUDIO IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HIGH TIDE LEARNING STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HIGH TIDE LEARNING STUDIO’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HIGH TIDE LEARNING STUDIO, AND IF NO PURCHASE HAS BEEN MADE BY YOU HIGH TIDE LEARNING STUDIO CUMULATIVE. LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with High Tide Learning Studio. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and High Tide Learning Studio pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by High Tide Learning Studio be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by High Tide Learning Studio.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

LIMITATIONS ON USER

User agrees to be bound by, and agrees that the Service is subject to, the following limitations:

a. User shall not post, submit, email, include, or modify content, or internet links to such content, on or to hightidelearning.com that contain, promote, or involve any of the following:

i. any infringement or misappropriation of any copyright, trademark, patent, trade secret or other intellectual property right, or any violation of the rights of any third party, including without limitation privacy rights and proprietary rights;

ii. content that User does not have a right to transmit under any law or under contractual or fiduciary relationship (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

iii. profanity, obscenity, nudity or pornography;

iv. content that exploits or harms in any way children under 18 years of age;

v. hate propaganda;

vi. unlawful, libelous, defamatory, scandalous or inflammatory content;

vii. racist, threatening, or otherwise abusive content;

viii. any content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

ix. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;

x. content promoted through the sending of unsolicited email (also known as spamming);

xi. warez, cracks, hacks, spam software, and their associated utilities;

xii. information or other content that contains a virus, worm, time bomb, corrupted data or file, or any other software or program that may damage the operation of the Hightidelearning.com server or another computer;

xiii. requests for information from visitors that would constitute a violation of any applicable federal, state, or local statute, regulation or ordinance, including without limitation, the Children’s Online Privacy Protection Act of 1998.

xiv. storage of log files or content on the Site.

b. User agrees not to use the Service to:

i. impersonate or otherwise misrepresent User’s affiliation with any other person or entity;

ii. falsify or delete any attributions, legends, or other proprietary designations of origin or source of anything contained in the Data that is stored on the hightidelearning.com server;

iii. conduct, display, or forward contests or chain letters;

iv. interfere with or disrupt the Service or servers of networks connected to the Service;

v. attempt to gain unauthorized access to the Service, or computer systems or networks connected to the Service, through password mining or any other means;

vi. stalk or harass another individual; or

vii. violate any applicable local, state, federal or international law or regulation.

c. User agrees that hightidelearning.com is not responsible for User’s Data stored on hightidelearnign.com and acknowledges that hightidelearning.com does not endorse or verify any such content.

d. User agrees to assume full responsibility for all content associated with User’s Data that is not provided by the Service and acknowledges that User may be held legally responsible for such content.

e. A confidential user name and password will be assigned for the User or by the User that will be required for establishing and maintaining the Service. User agrees to protect this information in confidence. User agrees to sign out and close the internet browser window following Service setup and all edits. User agrees to promptly notify hightidelearning.com of any loss or theft of User’s password or any unauthorized access to the Service.

f. User agrees to the guidelines and expectations for participating in the Hight Tide Learning Studio community through Ratings and Reviews of products.

i.    Please be respectful in your comments and reviews. Positive and negative reviews will certainly be allowed, but please remain respectful of others who leave comments. Refrain from any name calling or inflammatory language.

ii.    Vulgar language and inappropriate material will not be allowed and will be removed. Attempts to circumvent word censoring – abbreviations or other means – also violate this guideline. We want to maintain a family-friendly atmosphere throughout all of Hightidelearning.com.

iii.    Advertisements are not allowed. Generally, posts made specifically to promote a website, product, or service will not be allowed.

iv.    You are not allowed to post an affiliate URL that leads to you earning cash, banner impressions, credits, points, and so on.

v.    Do not post personal, real-life information. Home addresses, phone numbers, and other personal information are not permitted in posts.

vi.    Non-product related comments are prohibited. Comments should relate specifically to the product being reviewed. Simply offer your opinion and experience with the product.

vii.    Posts that discuss illegal activities, transactions, or websites will not be allowed.

viii.    Do not post copyrighted materials (articles, videos, audio, etc.) that you do not have permission to use.

NOTICE TO OFFICIALS

If High Tide Learning Studio determines that law enforcement officials should be notified regarding potentially illegal content edited or added to the Service by the User, User agrees that High Tide Learning Studio may provide copies of User’s content to the appropriate officials without notice to User. High Tide Learning Studio will cooperate with all law enforcement efforts to disclose the identity of or locate persons who have posted content that is illegal or promotes illegal conduct.

POLICIES AND GUIDELINES

User agrees to abide by all requirements, procedures, regulations, policies, or guidelines, together with any amendments thereto, set out, from time to time, by High Tide Learning STudio anywhere in this Agreement. We may change the terms of this Agreement from time to time. By continuing to use Hightidelearnign.com after we post any such changes, you accept the Agreement, as modified.

AMENDMENTS

User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by High Tide Learning Studio anywhere in this Agreement.

OWNERSHIP

High Tide Learning Studio and its associated logos, products, and services are the property of High Tide Learning Studio. User agrees not to display or use in any manner these marks without our prior written permission. Any third-party trademarks appearing in connection with the Service is the property of such third party owner. User may not use any content, images, or other items from this Service, except as contemplated in these Terms of Service, without the written permission of High Tide Learning Studio.

LICENSE GRANT

High Tide Learning Studio grants User a non-transferable, nonexclusive, worldwide right and license to use, execute, and display the Service as anticipated by, and described in, these Terms of Service. No other use of the Service is allowed. User shall not (nor allow any third party to)

i. copy or modify the content available on this site,

ii. reverse engineer the basic designs, of any part of the Service, or

iii. sell, assign, sublicense, grant a security interest in or transfer in any way any right to the Service. Failure to follow any of the rules of this Agreement will result in a termination of this Agreement.

NO REPRESENTATIONS OR WARRANTIES

The Service is offered on an “as is” basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:

a. Hightidelearning.com makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Services offered. Due to the nature of the services and the variables outside of our control we do not guarantee any results;

b. Hightidelearning.com is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;

c. Hightidelearning.com makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency;

d. Hightidelearning.com makes no representations, warranties or guarantees as to the accurateness or correctness of any content hosted or provided through the Service and is not responsible for any errors or omissions arising from the use of such information;

e. If Hightidelearning.com allows links to, or included on, its web resources, information provided by third-party partners and providers, Hightidelearning.com does not guarantee or warrant the reliability of this information nor does Hightidelearning.com recommend any of these services.

LIMITATION OF LIABILITY OF HIGHTIDELEARNING.COM

a. Hightidelearning.com is not responsible for any failures, delays, or interruptions in the delivery of any data, content or services contained on the Hightidelearning.com server; or losses or damages arising from the use of the content or Services provided by Hightidelearning.com.

b. Hightidelearning.com’s liability to User for actual damages for any cause whatsoever, related to content or Services regardless of the form of action, will be limited to a maximum of the fees paid by User to Hightidelearning.com, if any, for the prior billing period exclusively for such services.

c. IN NO EVENT WILL HIGHTIDELEARNING.COM OR ITS OFFICERS, TRUSTEES, AFFILIATES, AGENTS, OR LICENSORS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES TO YOUR COMPUTER HARDWARE, DATA, INFORMATION, CONTENT, OR BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

i. THE SERVICE;

ii. USERS’ USE OR INABILITY TO USE THE SERVICE;

iii. USERS RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICE;

iv. ANY GOODS OR SERVICES ADVERTISED IN ANY WAY IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICES OR PRODUCTS PROVIDED TO USER BY HIGH TIDE LEARNING STUDIO THROUGH THE HIGHTIDELEARNING.COM WEBSITE, WHETHER IN AN ACTION UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF HIGHTIDELEARNING.COM OR ANY OF ITS RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

d. Because some states/jurisdictions may not allow the exclusion or limitation or liability for consequential or incidental damages, the above limitation may not apply to User.

e. Hightidelearning.com and its Related Parties shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service.

f. In no event shall Hightidelearning.com be liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content in a Data, providing copies of User’s Data to the appropriate officials or cooperating with law enforcement efforts to identify or locate persons who have posted content that is illegal or promotes illegal conduct.

g. In no event shall Hightidelearning.com be liable for any damages, whatsoever, as a result of the termination of this Agreement for any reason.

ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled by High Tide Learning Studio after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge or prorated based on usage. High Tide Learning Studio may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).

High Tide Learning Studio reserves the right to limit the quantity of items purchased per person, per household or per order for any reason.  These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.

PRICING INFORMATION

High Tide Learning Studio cannot confirm the price of an item until after your order is placed.  Pricing errors may occur on Hightidelearning.com. High Tide Learning Studio reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from High Tide Learning Studio. Pricing for products may be different on Hightideleanring.com from prices available from High Tide Learning Studio offline sales.

PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice.  Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

INDEMNITY

User agrees to indemnify and hold High Tide Learning Studio and its Related Parties harmless from and against, and to reimburse High Tide Learning Studio and its Related Parties with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, and costs of investigation) of every nature whatsoever incurred by HighTideLearning.com or its Related Parties by reason of or arising out of or in connection with

i. User’s failure to comply with or User’s breach of this Agreement;

ii. User’s infringement of any copyright, trademark, patent, trade secret, or any other intellectual propriety right of any third party;

iii. any content included by the User in the Service; Claims brought against Hightidelearning.com by User’s guests, members, employees, invitees or others that use Hightidelearning.com licensed by User or arising from such use; or

iv. User’s violation of any applicable law or regulation.

TERMINATION

a. This Agreement takes effect on the Effective Date when Hightidelearning.com delivers notification of Service activation to User and will continue until terminated in accordance herewith.

b. Hightidelearning.com may terminate this Agreement, or discontinue the Service at any time without notice to User in any of the following circumstances:

i. User violates any term of this Agreement, any municipal, provincial or federal law or regulation, or any policy or guideline set out, from time to time, by Hightidelearning.com anywhere on this Agreement;

ii. User engages in conduct or includes content or Data that Hightidelearning.com in its sole discretion believes is harmful to other Users, the business of High Tide Learning Studio, Hightidelearning.com, or any third party;

iii. User disputes the terms of this Agreement or any amendment set out, from time to time, by Hightidelearning.com anywhere in this Agreement. Following termination of this Agreement, for any reason, User agrees not to use the Service in any manner or for any reason.

GENERAL

a. Consent to Breach Not Waived. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party that is claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.

b. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the Province of Nova Scotia, Canada. Hightidelearning.com and User consent and agree that all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting within the Province of Nova Scotia, and further agree that jurisdiction and venue for such proceedings shall lie exclusively with such courts.

c. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, all other provisions will nevertheless continue in full force and effect.

d. Entire Agreement. This Agreement, together with all policies, guidelines, and amendments set out, from time to time, by Hightidelearning.com in this Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous negotiations, proposals, commitments, writings, and understandings of any nature whatsoever, whether oral or written.

e. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Ownership, No Representations or Warranties, Limitation of Liability, Indemnity, and this article, General.

f. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.

g. Remedies Cumulative. Unless otherwise set out in this Agreement, the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party’s rights provided by law or otherwise. Each party may exercise its rights concurrently or separately and the exercise of one remedy is not deemed an exclusive election of that remedy or preclude the exercise of any other remedy.

h. Counterparts or Electronic Acceptance. This Agreement may be executed by indicating assent through electronic means or may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument.

PRIVACY

This is a Service of High Tide Learning Studio. We respect your privacy. We do this by carefully protecting information that you provide to us. A current copy of Hightidelearning.com’s privacy statement can be found at www.hightidelearning.com/privacy. 

ELECTRONIC SIGNATURE

It is agreed by User that completing purchases or registrations will constitute acceptance by User and such action will constitute an electronic signature having the same force and effect as if User had done so with a hand-written signature.