Access to the website gives you the status of User and, and these Website Terms of Use, together with any terms expressly incorporated by reference, including the InterHigh Website Privacy Notice https://kingsinterhigh.com/privacy-notice/, govern your access to and use of the website.
These pages aim to inform users of the rights, uses, prohibitions, responsibilities, and other circumstances that govern when browsing, accessing, or otherwise using the website. If you do not agree to these Website Terms of Use, please refrain from using this website.
PLEASE NOTE THAT THESE WEBSITE TERMS OF USE CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL BELOW.
Access to this website does not imply, in any way, a business relationship or any direct or indirect dealings with InterHigh or the person responsible for the website. InterHigh is based in the United States. We provide the website for use only to persons located in the United States. We make no claims or representations that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By accessing this website, you agree to use this website and any programs, products, and educational initiatives accessed or obtained through this website in a manner fully compliant with the laws and regulations of the United States, the United Kingdom, and any other applicable jurisdiction, including those related to economic and financial sanctions, import and export controls, and anti corruption.
A User will be defined as the person who accesses, browses, and uses the website, the services, and / or the contents housed therein.
Navigation, access, and use of the website does not require prior registration. However, there are certain services offered through it, whose access will necessarily be conditional on the registration and acceptance of the particular conditions that will govern the aforementioned service.
InterHigh reserves the right to withdraw any User comments that violate current legislation, injure the rights or interests of third parties, or that, in its opinion, are not suitable for publication.
InterHigh will not be responsible for the opinions expressed by users through the comment system, social networks, or other participation tools, in accordance with the provisions of the applicable regulations.
Through this website, InterHigh facilitates the access and use of various content that InterHigh or its collaborators have published. To this end, you are obliged NOT to use any of the contents of the website for illegal purposes or effects; in violation of these Website Terms of Use or applicable federal, state, local, or international law or regulation; if harmful to the rights and interests of third parties; in a manner that impersonates or attempts to impersonate us, our employees, or any other person or entity; or that in any way may damage, disable, overload, deteriorate, or prevent the normal use of content, computer equipment or documents, files, and all kinds of content stored on any computer equipment owned or contracted by InterHigh, other users, or any user of the Internet.
InterHigh is not responsible for any misuse that the User may make of the website, or the availability and continuity of access to the contents of the website.
The insertion, link, or mention of any advertising, directly or indirectly, in the services that the entity makes available to you on this website is expressly prohibited.
The User will be liable for damages of any kind that InterHigh may suffer as a result of non compliance due to malpractice of the services and / or improper use of the contents as well as those derived from legislation, international standards, and actions taken in the national and / or international jurisdiction.
Access to the website by minors will be understood to be expressly authorized by their parents, guardians, or their legal representatives, who are deemed responsible for the acts that minors carry out as Users of the website in accordance with the applicable regulations.
InterHigh implements reasonable and appropriate security measures in relation to personal information that you may provide from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and we comply with applicable laws and regulations.
However, no security system is impenetrable. InterHigh cannot guarantee the security of its databases, nor can InterHigh guarantee that the information you supply will not be intercepted while being transmitted to and from InterHigh over the Internet. Also, no data transmission over the Internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, including any passwords or account information, and to use the website and your devices or applications in a secure and responsible manner. You, not InterHigh, are responsible for the security of your devices and your transmission of information over the Internet, and if you have any concerns about the transmission of your information over the Internet, you should use other means of communication.
When it is necessary to provide personal information to access certain content or services, Users will guarantee its truthfulness, accuracy, authenticity, and validity.
Our Website Privacy Notice describes in detail our online information practices and how we gather, use, share, and protect your information when you use, access, or visit the website. By accessing or using the website, you agree to our information collection and use practices as disclosed in our Website Privacy Notice. You may review the Website Privacy Notice by clicking on the above link.
You agree to receive invitations, notifications, reminders, and other communications from InterHigh (and any of its affiliates or agents) by e-mail, phone, or other method of communication. These communications may include (but are not limited to):
By providing your e-mail address, phone number, or other method of communication, you are agreeing to be contacted by or on behalf of InterHigh to receive marketing-related information and other operational services. These communications may not be secure. Unsecured communications pose a risk to the confidentiality and privacy of information being sent because they might be intercepted by a third party. You can opt out of receiving one of our electronic communications by following the instructions for unsubscribing contained in the electronic communication. Please allow us thirty (30) business days from when the request was received to complete the removal. Please note that even if you unsubscribe from commercial electronic communications, we may still e-mail you non-commercial (transactional) electronic communications related to your account and your transactions with the website.
Our website may allow you to upload, store, and share content, including comments other materials (“User Content”). Except as otherwise specifically noted in Additional Terms (as defined below), your User Content is considered and will be treated as non-confidential, and you hereby grant InterHigh a nonexclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you. If you supply or transmit any User Content via the website, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity.
You understand that all information, data, or other materials that you and other users of the website upload, post, transmit, publish, display, or otherwise make available through the website, including information you share or make available to other users of the website, are the sole responsibility of you or the person from whom such User Content originated. This means that you, and not us, are responsible for User Content that you upload, post, transmit, publish, display, or otherwise make available through the website. Under no circumstances will we be liable in any way for or related to any User Content, including but not limited to any errors or omissions in User Content and any loss or damage resulting from use or reliance on User Content on the website.
If you believe that any User Content violates your copyright, please contact us as described in Section 20 “Contact.”
The website and the entirety of its 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, controlled, or licensed by us, our licensors, suppliers or affiliates, or by other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. InterHigh has the corresponding license to use the intellectual and industrial property exploitation rights of the website, as well as the content available through it. In no case, will it be understood that allowing users to access the website implies a waiver, transmission, license, or assignment, in whole or in part, of said rights by InterHigh.
Any use of the website not expressly permitted by these Website Terms of Use is a breach of these Website Terms of Use and may violate copyright, trademark, and other laws. It is expressly forbidden to delete, evade, or manipulate any data identifying the rights of InterHigh or owners of other information incorporated into the content, as well as technical protection devices, or any information and / or identification mechanisms that are incorporated into the content.
Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way all or part of the contents included in this website for public or commercial purposes if you do not have the express written authorization of InterHigh or, where appropriate, of the owner of the corresponding rights.
The website domain of InterHigh, as well as associated domains, may not be used in connection with other content, products, or services that are not owned by InterHigh, when such action may cause confusion amongst end users. InterHigh reserves the right to use the domain in the commercial sphere in which its owner carries out its activities and related fields. In the same way, it reserves the right to prevent the use of domains derived from them that, due to their similarity, may mislead or confuse the signs, names, or business origin of the services.
The InterHigh name and logo and all related product and service names, brand colors, design marks, and slogans are the trademarks or service marks of InterHigh. No trademark or service mark license is granted in connection with the materials contained within the website. Access to the website does not authorize anyone to use any InterHigh name, logo, or mark in any manner.
InterHigh may provide you with access to third-party websites through links in order to inform users about the existence of other sources of information in which you can expand the data offered on the website.
These links to other websites do not suppose in any case a suggestion or recommendation for you to visit the destination web pages, which are beyond the control of InterHigh. InterHigh is not responsible for the content of the linked websites or the results you get by following the links. Likewise, InterHigh is not responsible for the links located on the linked websites to which it provides access.
The establishment of the link does not imply in any case the existence of relations between InterHigh and the owner of the site where the link is established, nor the acceptance or approval by InterHigh of its contents or services.
If you access an external website from a link found on the website, you should read the privacy notice and terms of the other website, which may be different from those of this website.
If there are additional terms associated with a specific online service or portion of the website, you will be presented with those additional terms at the time you access the online service or portion of the website (the “Additional Terms”). Those Additional Terms supplement these Website Terms of Use and are incorporated herein. To the extent there is any conflict between these Terms of Use and any Additional Terms, the Additional Terms shall control with respect to the specific online service or portion of the website provided subject to those Additional Terms.
Although we attempt to maintain the integrity and accuracy of the information on the website, we make no guarantees as to its correctness, completeness, or accuracy. The information and services included or available through this website may include inaccuracies or typographical errors. Periodically, InterHigh will incorporate improvements, corrections, and updates at any time. If you believe that information found on the website is inaccurate or unauthorized, please inform us by contacting us at the contact details provided in Section 20 “Contact.”
You understand and agree that InterHigh does not provide any warranty with respect to the website. Instead, you agree that your use of InterHigh’s website is at your own risk and that the website is provided on an “as is” and “as available” basis, with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. To that end, InterHigh does not declare or guarantee that the services or contents will always be available or uninterrupted, that they are free of errors, that the defects will be corrected, or that the service or the server that makes it available are free of viruses or other harmful components. This is without prejudice to the fact that InterHigh makes every effort to avoid this type of incident.
InterHigh declines any responsibility in case of interruptions, or a malfunction of the Services or content offered on the Internet, whatever their cause. Likewise, InterHigh is not responsible for network outages, business losses as a result of said outages, temporary power outages, or any other type of indirect damage that may be caused by actions beyond the control of InterHigh.
TO THE FULLEST EXTENT PERMITTED BY LAW, INTERHIGH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ITS WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, INTERHIGH DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE WEBSITE WILL BE CORRECTED.
INTERHIGH IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERHIGH OR ITS AFFILIATES OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE WEBSITE TERMS OF USE.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection, and for maintaining a means external to the website for any reconstruction of any lost data. Before making decisions and / or actions based on the information included on the website, InterHigh recommends checking and contrasting the information received with other sources.
You agree to indemnify and hold harmless InterHigh, its affiliates, its licensors, and its service companies from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the website, including but not limited to claims arising out of (i) your violation of these Website Terms of Use; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; and (iii) any misrepresentation made by you. You agree to promptly notify InterHigh and cooperate fully with InterHigh the defense of any claim. InterHigh reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.
YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, INTERHIGH, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES RELATED TO THE OPERATION OF OR YOUR ACCESS AND USE OF THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE WEBSITE THAT RESULT FROM ANY ACT OR OMISSION OF INTERHIGH, ITS AFFILIATES, ANY INTERHIGH LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF INTERHIGH, ITS AFFILIATES, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE WEBSITE IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.
You and InterHigh agree that your access to InterHigh’s website and these Website Terms of Use, and any dispute between you and InterHigh relating to your use of the website and these Website Terms of Use, will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflicts of law rules, except for the Dispute Resolution provision in Section 19 below. InterHigh makes no representation that the information and materials on its website is appropriate or available for use in locations outside of the United States.
No waiver by InterHigh of any term or condition set out in these Website Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by InterHigh to assert a right or provision under these Website Terms of Use shall not constitute a waiver of such right or provision.
If any part of these Website Terms of Use is held invalid or unenforceable, it will be so held to the minimum extent required by law, or removed from the Website Terms of Use, and except as set forth in Section 19 (Dispute Resolution), all other parts of these Website Terms of Use are still valid and enforceable. The parties further agree to replace such invalid or unenforceable provision of these Website Terms of Use with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.
InterHigh can decide to suspend, restrict, limit, or terminate your access to its website with or without a warning at any time for any reason in InterHigh’s sole discretion. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ANY FEATURE OR COMPONENT OF THE WEBSITE. InterHigh can also assign its rights under the Website Terms of Use to any other party at any time without notice to you. The provisions of Sections 2 (Conditions on Use), 11 (Disclaimer of Warranties), 12 (Indemnification), 13 (Waiver, Release, and Limitation of Liability), 14 (Governing Law), and 19 (Dispute Resolution) will survive any suspension, restriction, limitation, or termination of access to the website.
We reserve the right to withdraw or amend the website, and any material we provide on the website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website or the entirety of the website.
These Website Terms of Use constitute the entire agreement between you and InterHigh pertaining to the subject matter hereof. They supersede all other agreements, communications, or representations, oral or written, between us, past or present.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND INTERHIGH CAN SEEK RELIEF. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND US WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
A. Agreement to Arbitrate and Jury Waiver. You and InterHigh mutually agree to resolve Disputes (as defined below) with InterHigh through arbitration, as set forth in more detail below. Both you and InterHigh waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the website, use of any cookies, pixels, web beacons, or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these Website Terms of Use, including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by or against InterHigh employees related to the terms or conditions of their employment, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
B. Class Action Waiver. To the maximum extent allowed by applicable law, you and InterHigh agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and InterHigh each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
C. Pre-Arbitration Notice and Good Faith Negotiations. You and InterHigh also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by InterHigh will be sent to you at your last known street and email addresses on file, and notice by you to InterHigh will be sent by mail to Interhigh, Inc., 1775 Tysons Boulevard, Suite 5200, Tysons, VA 22102, Attn: Chief Executive. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the website, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of an InterHigh employee, as applicable, depending on which party is initiating the Dispute. You and InterHigh then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
D. Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service or administrator and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an arbitrator from the lists of court-approved neutrals listed on the website for the U.S. District Court for the Eastern District of Virginia (https://www.vaed.uscourts.gov/) or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree. The arbitration will be conducted in Fairfax County, Virginia; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential to InterHigh and you, and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Website Terms of Use. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or InterHigh and only to the extent necessary to provide the relief warranted by your or InterHigh’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.
E. Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Eastern District of Virginia. For individual damages claims with less than $25,000 at issue, InterHigh will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
F. Federal Arbitration Act. These Website Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Website Terms of Use.
G. Forum Selection. For any dispute not subject to arbitration, you and InterHigh agree to proceed in state and federal courts covering Tysons, Virginia, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If InterHigh does not enforce any rights under these Website Terms of Use at any point, it will not be deemed a waiver of any provision or right under these Website Terms of Use.
In case you have any questions about these Website Terms of Use or want to make any comments about this website, you can send an email to the email address [email protected].
Please check these Website Terms of Use regularly. We can update them at any time without notice. You agree to review these Website Terms of Use regularly because you will be bound by any changes made, and your continued use of the website constitutes agreement to any modified terms.
