Highfivery Terms of Service

What's covered in these terms

Effective July 5, 2021

We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Highfivery services, and what we expect from you.

These Terms of Service reflect the way Highfivery's business works, the laws that apply to our company, and certain things we’ve always believed to be true. As a result, these Terms of Service help define Highfivery's relationship with you as you interact with our services. For example, these terms include the following topic headings:

Understanding these terms is important because, by using our services, you’re agreeing to these terms.

Besides these terms, we also publish a Privacy Policy. We encourage you to read it to better understand how you can update, manage, export, and delete your information.

Terms

Service provider

Highfivery services are provided by, and you’re contracting with:

Highfivery LLC
organized under the laws of the State of Texas, USA, and operating under the laws of the USA

18601 FM 1431 Ste. 104
Jonestown, TX 78645

Your relationship with Highfivery

These terms help define the relationship between you and Highfivery. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Highfivery's business works and how we earn money. When we speak of “Highfivery,” “we,” “us,” and “our,” we mean Highfivery LLC and its affiliates.

What you can expect from us

Provide a broad range of useful services

We provide a broad range of services that are subject to these terms, including:

  • Website consulting
  • Website design
  • Website development
  • Content creation
  • Search engine optimization
  • Social media marketing
  • Website optimization
  • Online advertising

Develop, improve, and update Highfivery services

We’re constantly developing new technologies and features to improve our services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.

If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Highfivery Account, subject to applicable law and policies.

What we expect from you

Follow these terms and service-specific additional terms

The permission we give you to use our services continues as long as you comply with:

  • these terms
  • service-specific additional terms

You also agree that our Privacy Policy applies to your use of our services.

Although we give you permission to use our services, we retain any intellectual property rights we have in the services.

Respect

We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:

  • comply with applicable laws
  • respect the rights of others, including privacy and intellectual property rights
  • don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, illegally impersonating, defaming, bullying, harassing, or stalking others
  • don’t abuse, harm, interfere with, or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

In case of problems or disagreements

Warranty disclaimer

We built our reputation on providing useful, reliable services, and we’re continuously improving our services to meet your needs. However, for legal purposes, we offer our services without warranties unless explicitly stated in our service-specific additional terms. The law requires that we explain this using specific legal language and that we use capital letters to help make sure you see it, as follows:

TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

Liabilities

For all users

Both the law and these terms try to strike a balance as to what you or Highfivery can claim from the other in case of problems. That’s why the law allows us to limit certain liabilities — but not others — under these terms.

These terms only limit our responsibilities as allowed by applicable law. These terms don’t limit liability for gross negligence or willful misconduct.

To the extent allowed by applicable law:

  • Highfivery is liable only for its breaches of these terms or applicable service-specific additional terms
  • Highfivery isn’t liable for:
    • loss of profits, revenues, business opportunities, goodwill, or anticipated savings
    • indirect or consequential losses
    • punitive damages
  • Highfivery's total liability arising out of or relating to these terms is limited to the greater of $200 or the fees paid to use the relevant services in the 12 months before the dispute
For business users and organizations only

If you’re a business or organization:

  • To the extent allowed by applicable law, you’ll indemnify Highfivery and its employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
  • If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.

Taking action in case of problems

Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless doing so would:

  • cause harm or liability to a user, third party, or Highfivery
  • violate the law or a legal enforcement authority’s order
  • compromise an investigation
  • compromise the operation, integrity, or security of our services
Removing your content

If any of your content breaches these terms, service-specific additional terms or policies, violates applicable law, or could harm our users, third parties, or Highfivery, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, terrorist content, and content that infringes someone else’s intellectual property rights.

Suspending or terminating your access to Highfivery services

Highfivery reserves the right to suspend or terminate your access to the services or delete your Highfivery Account if any of these things happen:

  • you materially or repeatedly breach these terms, service-specific additional terms or policies
  • we’re required to do so to comply with a legal requirement or a court order
  • your conduct causes harm or liability to a user, third party, or Highfivery — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you
  • you have an outstanding account balance for two weeks or more

Of course, you’re always free to stop using our services at any time.

Settling disputes, governing law, and courts

For information about how to contact Highfivery, please visit our contact page.

About these terms

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and Highfivery. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

We want to make these terms easy to understand. But not all services mentioned may be available in your country.

If these terms conflict with the service-specific additional terms, the additional terms will govern for that service.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.

We may update these terms and service-specific additional terms to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), for legal, regulatory, or security reasons, or to prevent abuse or harm.

If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except when we launch a new service or feature, or in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Highfivery Account.