Section 01

Privacy Policy

This notice applies across all websites that Highforge owns and operates and all services we provide (our “services”). When we say “personal data” we mean identifiable information about you, like your name, email, address, phone number, payment information, support inquiries, and so on. If you can’t be identified (for example, your personal data has been aggregated and anonymized) then this notice doesn’t apply.

Highforge sends text message updates and responses to technology and marketing customers about pricing and products offered at highforge.com. Mobile phone information is stored securely and will not be shared with third parties or affiliates for marketing or promotional purposes.

We may update this policy from time to time and without prior notice to you by publishing a new version on our website. By accessing or using the website you are accepting and consenting to the practices described in this privacy policy. It is your responsibility to review this policy and if you do not agree with the terms of this policy or any updates, you should cease using this site. Where there is a significant change to this policy, we may notify you by email.

Age Limitations

Our website and services are targeted to people 18 years or older. If you learn that anyone younger than 18 has provided us with personal data, please contact us and if we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

Who “We” Are

When we refer to “we” (“our” or “us”), we mean Highforge, websites. We are headquartered in the United States.

How We Collect Your Data

When you visit our websites or purchase services, we collect personal data. The ways we collect it can be broadly categorized into the following:

Information you provide to us directly

When you visit or use some parts of our websites and/or services we might ask you to provide personal data. For example, we ask for your contact information when you interact with us on social media, contact us with questions or request support. If you don’t want to provide us with personal data, you don’t have to, but it might mean you can’t use some parts of our websites or services.

Information we collect automatically

We collect some information about you automatically when you visit our websites or use our services, like your IP address and device type. We also collect information when you navigate through our websites and services, including what pages you looked at and what links you clicked on. This information is useful for us as it helps us get a better understanding of how you’re using our websites and services so that we can continue to provide the best experience possible (e.g., by customizing content). Some of this information is collected using cookies and similar tracking technologies.

Information we get from third parties

The majority of information we collect directly from you. Sometimes we might collect personal data about you from other sources, such as publicly available materials or trusted third parties like our marketing and research partners. We use this information to supplement the personal data we already hold about you, in order to better inform, personalize and improve our services, and to validate the personal data you provide.

Where we collect personal data, we’ll only process it: to perform a contract with you, or where we have legitimate interests to process the personal data and they’re not overridden by your rights, or in accordance with a legal obligation, or where we have your consent. If we don’t collect your personal data, we may be unable to provide you with all our services, and some functions and features on our websites may not be available to you.

How We Use Your Data

We use your personal data to operate our websites, provide you with services, and to manage our relationship with you. We also use your personal data for other purposes, which include the following:

• To communicate with you. This may include providing you with information you’ve requested from us (like articles or quotes) or information we are required to send to you; operational communications, like changes to our websites and services, security updates, or assistance with using our websites and services; marketing communications (in accordance with your marketing preferences); and asking you for feedback or to take part in any research we are conducting.
• To support you. Assisting you with the resolution of technical support issues or other issues relating to the websites or services, whether by email, in-app support or otherwise.
• To optimize our websites and services. By tracking and monitoring your use of websites and services, or by carrying out technical analysis, we can optimize your user experience and provide you with the best service.
• To protect. So we can detect and prevent fraudulent or malicious activity, and make sure that our websites and services are being used fairly and in accordance with our Terms of Use.
• To market to you. In addition to sending you marketing communications, we may also use your personal data to display targeted advertising to you online — through our own websites and services or through third party websites and their platforms.
• To analyze, aggregate and report. We may use the personal data we collect about you and other users (whether obtained directly or from third parties) to produce aggregated and anonymized analytics and reports, which we may share publicly or with third parties.

How We Share Your Data

There will be times when we need to share your personal data with third parties. We will only disclose your personal data to:

• third party service providers and partners who assist and enable us to use the personal data to, for example, provide functionality on the website or support delivery of services, or to market or promote our goods and services to you;
• regulators, law enforcement bodies, government agencies, courts or other third parties where we think it’s necessary to comply with applicable laws or regulations, or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this type of disclosure;
• an actual or potential buyer (and its agents and advisers) in connection with an actual or proposed purchase, merger or acquisition of any part of our business;
• other parties, where we have your consent.

International Data Transfers

We may transfer the personal data we collect about you to recipients in countries other than the country you live in, including the United States, where we are headquartered. These countries may not have the same data protection laws as the country in which you initially provided the information. Where we disclose personal data to a third party in another country, we put safeguards in place to ensure your personal data remains protected.

For individuals in the European Economic Area (EEA), your data may be transferred outside of the EEA. Where transferred, it will only go to countries identified as providing adequate protection for EEA data, or to a third party where we have approved transfer mechanisms in place — i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).

Security

Security is a priority for us when it comes to your personal data. We’re committed to protecting your personal data and maintain administrative, technical and physical safeguards designed to protect the personal data you provide or we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We use SSL encryption on our websites.

Retention

The length of time we keep your personal data depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal, tax or accounting requirements). We’ll retain your personal data for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it. Following that period, we’ll delete or anonymize it.

Your Rights

It’s your personal data and you have certain rights relating to it. When it comes to marketing communications, you can ask us not to send you these at any time — by following the unsubscribe instructions contained in the marketing communication or by sending your request to info@highforge.com. Depending on your country you may have the right or choice to:

• Opt out of some collection or uses of your personal data, including the use of cookies and similar technologies, the use of your personal data for marketing purposes, and the anonymization of your personal data for data analyses;
• Access your personal data, update it, restrict or object to its processing, or request its deletion;
• Receive the personal data you provided to transmit it to another company;
• Withdraw any consent provided;
• Where applicable, lodge a complaint with your supervisory authority.

You can exercise these rights at any time by sending an email to info@highforge.com. If you’re not happy with how we are processing your personal data, please let us know at the same address. We will review and investigate your complaint, and get back to you within a reasonable time frame.

Features and Third Party Links

We may provide links to other websites for your convenience and information, or allow you to choose to use certain features for which we partner with other entities. These websites and features, which may include social networking and geo-location tools, operate independently from us. They may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites or features you visit are not owned or controlled by Highforge, we are not responsible for their content, your use of the websites, or their privacy practices.

We offer you the ability to share, link to, or mention things on social media about our products and services. Social media providers such as Facebook and Twitter, and other third parties, are independent from us and do not necessarily share the same privacy policy. Please verify their privacy notices if you decide to use their services.

How to Contact Us

If you have any questions or comments about this Privacy Policy, Highforge’s privacy practices, or if you would like us to update information or preferences you provided to us, please e-mail us at info@highforge.com. As a technology company, we prefer to communicate with you by email — this ensures that you’re put in contact with the right person and in accordance with any regulatory time frames.

Cookie Policy

What cookies / tracking technologies do we use?

A cookie is a small text file that’s placed on your computer or mobile device when you visit one of our websites. We, and some of our affiliates and third-party service providers, use a few different types of cookies. Some are persistent cookies (which remain on your hard drive for an extended period of time) and some are session ID cookies (which expire when you close your browser). Both websites and HTML emails may also contain other tracking technologies such as “web/tracking beacons,” “pixels,” or “clear gifs” and local storage — typically small transparent images that provide statistics for similar purposes as cookies.

Why do we use cookies / tracking technologies?

They assist us in operating our website and services, enhance and customize your experience, perform analytics, and deliver advertising and marketing that’s relevant to you. There are also cookies set by third parties, enabling features such as advertising, interactive content and analytics.

Types of Cookies

Highforge cookies & third-party services

The cookies we use are always changing; check back regularly to stay up to date. Third-party cookies we use include Google Analytics (to analyze how users use our website — see google.com/analytics and google.com/policies/privacy/partners), Facebook, LinkedIn, and Twitter (each used as a medium to talk to customers and measure campaign effectiveness).

How can you control cookies?

You can accept or reject cookies by amending your web browser controls. Our website and services might not work as intended, and in some cases might not work at all, if you reject certain cookies. You can manage your cookie settings by following your browser’s instructions (Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Internet Explorer all provide guidance).

Consent for advertising cookies

You may see a “cookie banner” on our website. If you are visiting from the EU, we do not set — or allow our ad partners to set — cookies used to show you targeted ads before you click to accept. Once you consent, we and our advertising partners may set advertising cookies. We’ll display the banner periodically, in case you change your mind.

Section 02

Terms of Service

We love transparency, honesty, and integrity. That’s why we have this posted publicly — so kick back and enjoy reading our Standard Terms of Service that applies to anyone hiring us.

The following Terms of Service and Legal Disclosure must be accepted by any party (also referred to as Client, Customer or simply “you”) that uses any of the Highforge Solutions, LLC (Highforge) services. Acceptance is gained by verbally or in writing agreeing to engage in services. You are hiring us, Highforge Solutions LLC, located at 100 E Pine St, Orlando, FL 32801.

Billing

Assets and work we complete remain the property of Highforge until payment is made in full. Once payment in full is received, all work completed by Highforge will be released under a work-for-hire agreement, excepting any open-source, licensed, or prior-owned assets or code used in production. Unapproved drafts, mockups, strategies and other creative work stays with us unless requested and paid for additionally. It’s your responsibility to tell us what file formats you need at the time of final payment; if you don’t specify, we’ll provide them in one of a few standard formats. Requests for files or additional formats at a later date may incur additional cost.

Payment for ongoing services — such as an Agency of Record retainer, website hosting, call tracking phone services, domain name registrations, email hosting, software/service licenses, software development and media buying — must remain current for services to continue. Nonpayment will result in suspension of these services. Transfer access will not be granted until payment is made in full including all late fees. We reserve the right to suspend all services in the event of nonpayment for one or more other services we provide, and to charge a reasonable reactivation fee for each service in question.

Media expenses will be paid up front before media campaigns are activated (or paid directly to the vendor as necessary). For ongoing campaigns, estimated monthly media costs will be billed at the beginning of the month, and the first month’s media expenses must be received before the campaign begins. A service charge of 1½% (18% per annum) will be charged on all sums not paid within 30 days after the due date of invoice or service receipt. You agree to pay all costs of collection and a reasonable attorney’s fee incurred in the collection of past due accounts. This contract shall be governed by the laws of the State of Florida.

Breaking Up

Unless the signed contract states otherwise, both parties have the right at any time, with 30 days’ written notice, to end the relationship, which will cancel any plans, schedules, services or work in progress. You agree to indemnify Highforge against any loss, cost or liability, including attorney’s fees, it may sustain as a result of such action. Any termination will not release you from financial obligations on projects open at your request. We will be entitled to commissions, fees and payments for services performed prior to your instructions to cancel, and for advertising and materials placed or delivered thereafter if we are unable to halt such placement or delivery.

Once services are ended and after we receive payment for all outstanding invoices, we’ll transfer, assign and make available to you all property and materials in our possession belonging to you. If significant additional work is required to provide copies, we reserve the right to bill for that time. We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. If any provision of this agreement is unlawful, void, or unenforceable, that provision shall be severable and shall not affect the validity of any remaining provisions.

Standard of Care

Highforge will perform services under this Agreement with the degree of skill and diligence normally practiced by digital agencies performing the same or similar services, and shall comply with applicable federal, state and local laws and regulations governing the Scope of Services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished.

Confidentiality

It shall be our duty as the agency not to discuss any confidential information entrusted to us by you without authorization.

Exclusivity

We do not guarantee exclusivity (working with only one company in a given industry or region) unless your signed contract explicitly states otherwise. We do not disclose all of our clients publicly (and some are under confidentiality agreement), but we agree not to use or disclose any proprietary information to any competitor of yours. We do offer exclusivity agreements under certain circumstances — if this is important to you, please request exclusivity prior to engaging with us so we can negotiate new terms.

Ethical Advertising

We abide by all Codes of Advertising Standards and Industry Ethics, and other codes and standards laid down by media, to ensure that all advertising placed is legal, in good taste, honest and truthful. If required or requested, the client agrees to supply objective factual evidence to support any product claims made.

Ongoing Services Cancellation

Most of our clients work with us on an ongoing basis as their Digital Agency of Record on retainer. Contracts are for two years with minor cancellation fees to cover offboarding expenses and planned revenue. If circumstances change and you no longer require our services, all we need is 30 days’ notice (unless your contract explicitly states otherwise).

We Try Harder Than Anyone, But No Project Is Perfect

We can’t guarantee that the functions contained in any web page templates or in a completed design will always be error-free, and so we can’t be liable to you or any third party for damages — including lost profits, lost savings or other incidental, consequential or special damages — arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibility of such damages.

Ownership, Custody and Control of Property

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in our projects are either owned by you or that you have permission to use them. All creative work, plans, ideas, and programming made by Highforge remain the property of Highforge until the total project is paid for in full. When we receive your final payment, copyright is automatically assigned as follows:

• You own the graphics and other visual elements we create for you for this project. We will give you a copy of all files, which you should store safely, as we are not required to keep them or provide native source files used in making them.
• You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code, and we license it to you for use on only this project.

We love to show off our work and share what we have learned, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about it on websites, in magazine articles and in books about web design.

Don’t Steal, Folks

Both parties agree to withhold from recruiting employees from each other’s organizations throughout the working relationship and for one year following completion of the contractual agreement. The fee for violating this portion of the agreement is 20% of the employee’s first-year salary and reasonably expected commissions, due in full on the date of hire, and stands regardless of how long they work for the new organization.

Transfers

You cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts remain in place.

Marketing Writing

We may write your copy; however, we are not a law firm. It is your responsibility to have your legal team review all content we provide. In the event that you get sued, we are not liable for damages (see Limitation of Liability below).

Accessibility

Website accessibility for those with disabilities is a complex topic. We believe firmly that the web should be accessible to all people. Our website builds include quality-assurance testing that includes standard accessibility according to current industry standards. However, accessibility is constantly evolving and what we do today may not mean compliance tomorrow. We are not liable for any damages or additional work required in the event of a lawsuit, settlement or compliance audit. If this subject is critical for your organization, we recommend you reach out to our collective, which includes non-profit partners, legal teams and specialists offering ongoing support to ensure compliance.

The Following Terms Shall Also Apply

Intellectual Property

For as long as Highforge is providing services to you, Customer hereby grants Highforge Solutions, LLC a royalty-free, worldwide, nonexclusive right and license to use, copy, reproduce, modify, display and transmit to the public all trademarks, service marks, artwork, logos, copyrightable works or other proprietary materials communicated and/or forwarded by Customer to Highforge in order to provide services (“Intellectual Property”). Customer represents and warrants that it has proper title to all of the Intellectual Property and is entitled to grant Highforge the rights set forth above. Customer shall indemnify Highforge against all claims, damages, demands, liability, costs and fees (including reasonable attorneys’ fees) arising out of or connected to a breach of these representations and warranties.

Limited Warranty

Except for those warranties contained herein, Highforge expressly disclaims any and all other warranties express or implied, including those of merchantability or fitness for any purpose not expressly set forth herein. No affirmation of Highforge, by words or actions, other than as set forth in this section, shall constitute a warranty.

Limitation of Liability

Highforge’s liability (whether under breach of contract or warranty, negligence or strict liability) for services rendered or non-performance shall be limited to crediting or paying the customer an amount equal to the purchase price of such services. In no event shall Highforge be liable for consequential damages. Neither party shall be liable to the other for any lost profits or any indirect, special, incidental, consequential or punitive loss or damage, or for damages that could have been avoided by the use of reasonable diligence. Notwithstanding anything to the contrary, the maximum aggregate liability of Highforge and any of its employees, agents or affiliates, under any theory of law, shall be a payment of money not to exceed the amount payable by the customer for three months of service.

Cost and Expenses of Enforcement

Customer is responsible for all costs and expenses incurred by Highforge in enforcing its rights, including reasonable costs and attorneys’ fees related to any lawsuit or claim, assessed for each prevailing action and due upon determination of fault. In the event of Customer’s breach of any obligation (including failure to pay), Customer agrees to pay all reasonable attorneys’ fees, collection fees and costs, including those incurred post-judgment. Customer acknowledges that Highforge may seek equitable relief without the necessity of posting a bond.

Cancellation

Cancellation can be made with 30 days’ notice, and fees are the final month’s costs or 10% of the remaining contract (not including media buy), whichever is greater.

Indemnification

Customer, for itself and its employees, agents, executors, administrators, successors or assigns (“Customer Parties”), agrees to indemnify, defend and hold Highforge and its present and future officers, directors, employees, shareholders and agents (the “Indemnified Parties”) harmless from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, losses, damages, and incidental costs and expenses (including all costs of defense, settlement, reasonable attorneys’ fees and other litigation expenses) which any of the Indemnified Parties may suffer as a result of any breach of obligation by any of the Customer Parties, including any breach of these Terms of Use, or any violation or alleged violation of statutes, ordinances, orders, rules or regulations, or any negligent or willful act or omission by any of the Customer Parties.

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the agreed state or another mutually agreeable location. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award shall be in writing, provide an explanation for all conclusions of law and fact, and include the assessment of costs, expenses, and reasonable attorneys’ fees. The parties reserve the right to object to any individual employed by or affiliated with a competing organization. An award of arbitration may be confirmed in a court of competent jurisdiction. The losing party will pay or reimburse the prevailing party’s costs of arbitration; the arbitrator has the right to split assignment of arbitration costs between parties if the judgment is not clear or is split.

Highforge sends text message updates and responses to technology and marketing customers about pricing and products offered at highforge.com. Mobile phone, email and other contact information is used only for the purposes customers consent to when sharing it with Highforge.

Section 03

Hosting Terms of Service

These Terms of Service (the “Agreement”) set forth the terms and conditions of your use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to you as the user of our Services, or any agent, employee, servant or person authorized to act on your behalf. “We,” “us” and “our” refer to Highforge Solutions LLC as well as its subsidiaries and sister companies (“Highforge”). When you use your account or permit someone else to use it to purchase or acquire access to additional Services, or to cancel your Services (even if we were not notified of such authorization), you signify your agreement to the terms and conditions contained in this Agreement.

1. Term of Agreement; Modification

You agree that Highforge may modify this Agreement and the Services it offers from time to time. You agree to be bound by any changes Highforge may reasonably make when such changes are made. If you have purchased Services, the terms shall continue in full force as long as you use the Services. By continuing to use the Services after any revision, you agree to be bound by such revisions or changes.

2. Accurate Information

You agree to maintain accurate information by providing updates to Highforge as needed. You agree to notify Highforge within five (5) business days of any change to the information you provided during application/registration. Failure to respond within five business days to any inquiries made to determine the validity of your information constitutes a material breach. If you provide information that is inaccurate, not current, false, misleading or incomplete — or if Highforge has reasonable grounds to suspect so — Highforge has the absolute right, in its sole discretion, to terminate its Services and close your account.

3. Privacy

Highforge’s Privacy Policy, incorporated herein by reference, is applicable to all Services and sets out your rights and Highforge’s responsibilities with regard to your personal information. Highforge will not use your information in any way inconsistent with the Privacy Policy. You agree Highforge may modify the Privacy Policy, and by using the Services after modifications become effective, you agree to them. If you do not agree, you may terminate this Agreement; Highforge will not refund any fees paid if you terminate under this provision. You represent and warrant that you have provided notice to, and obtained consent from, any third-party individuals whose personal data you supply to Highforge regarding: (i) the purposes for which it has been collected; (ii) the intended recipients; (iii) which parts are obligatory and which voluntary; and (iv) how the third party can access and rectify the data. Highforge is not responsible for any consequences resulting from your failure to provide notice or obtain consent, nor for outdated, incomplete or inaccurate data.

4. Accepted Use Policy

Highforge’s Accepted Use Policy (“AUP”), incorporated herein by reference, applies to all Services. You should use all Services for lawful purposes only. By using any Services, you agree:

• not to violate the laws, regulations, ordinances or other requirements of any applicable Federal, State or local government;
• not to transmit any unsolicited commercial or bulk email, nor engage in spamming or mail bombing;
• not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
• not to make, attempt or allow any unauthorized access to Highforge’s website, servers, your own hosting account, or any other customer’s account;
• not to allow any remote code execution of malicious software through the hosting account;
• not to cause denial-of-service attacks, port scans, or other invasive procedures against Highforge servers and facilities or those of other network hosts or Internet users;
• not to forge the signature, identifying mark or code of any other person, or attempt to deceive others regarding the true identity of the User;
• not to host content infringing copyright, trademark, patent or trade secret rights; containing nudity, pornography or adult-related content; professing hatred for any social, ethnic, religious or other group; containing viruses, Trojans, worms, time bombs, corrupted files or similar; containing warez; containing proxy servers or traffic-relaying programs; promoting money-making schemes or multi-level marketing; containing lottery, gambling or casino content; containing torrent trackers/portals; or that is violent or encourages violence;
• not to upload unacceptable material including IRC bots, warez, file storage/mirror/banner-ad services, topsites, streaming, escrow, High-Yield Interest Programs (HYIP), investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of controlled substances without proof of appropriate permits, AutoSurf sites, Bank Debentures, Prime Bank Programs, lottery sites, muds/rpg’s, hate sites, hacking-focused sites/archives/programs, IP scanners, brute-force programs, mail bombers and spam scripts;
• not to engage in or instigate actions that cause harm to Highforge or other customers, including actions resulting in blacklisting of our IPs or DDOS attacks against any servers.

Highforge reserves the right to refuse service to anyone at our discretion. Any material that, in Highforge’s judgment, is either obscene or threatening is strictly prohibited and will be removed immediately with or without prior notice, and may lead to warning, suspension or immediate account termination with no refund. You agree that we have the sole right to decide what constitutes a violation and the appropriate severity of corrective action. Highforge’s decision in such cases is binding and final. We have the right to terminate any hosting account suspended for more than 14 calendar days after the suspension date unless corrective measures have been taken; backup copies will be permanently deleted upon termination with no refund. You also agree not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or to promote the sale of prescription medication without a valid prescription. At its discretion, Highforge can remove any content it determines to be prohibited; no backups will be kept of removed content.

5. Storage and Security

At all times, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information, and are solely responsible for all acts, omissions, use and charges incurred with your account. You are solely responsible for: (i) preventing loss or damage to your server content; (ii) maintaining independent archival and backup copies; (iii) ensuring the security, confidentiality and integrity of your content; and (iv) ensuring the confidentiality of your password. Highforge services are not intended for data backup or archiving; using an account as online storage for archiving files is prohibited and will result in termination without prior notice. We reserve the right to delete archives that affect overall server performance. The services are not intended to provide a PCI (Payment Card Industry) compliant environment and should not be used as such without further compliance activity.

6. Ownership

Except as otherwise set forth herein, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions and/or improvements; (iii) trade secrets, proprietary information and know-how; (iv) all divisions, continuations, reissues, renewals and extensions thereof; (v) registered and unregistered copyrights including forms, images, audiovisual displays, text and software; and (vi) all other intellectual property or proprietary rights used, developed, embodied in, or practiced in connection with any of the Services (“IP rights”) are owned by Highforge or its licensors. You agree to make no claim of interest in or ownership of any such IP rights, and acknowledge that no title is transferred to you.

Sections 7–10 cover standard legal/technical frameworks and are omitted in the source export.

11. Termination & Cancellation Policy

The initial term of your agreement with Highforge shall be as set forth in your Order Form, beginning upon commencement of the Services. After the Initial Term, your agreement shall automatically renew for successive terms of equal length, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by you, by submitting an email to billing@highforge.com at least thirty (30) working days before the account is due to renew; or (ii) by Highforge at any time, without prior notice, if in Highforge’s judgment you are in violation of any terms or conditions herein; or (iii) if, in Highforge’s sole judgment, your use places or is likely to place unreasonable demands upon Highforge or could disrupt its business operations; or (iv) by Highforge if it determines that you are or are alleged to be violating the terms of any other agreement with Highforge.

In the event of termination or suspension, you agree (a) that no pre-paid fees will be refunded; and (b) that Highforge may take control of any domain name associated with the terminated Services, provided it was registered through Highforge. In the event of termination caused by your default, you shall bear all costs of termination, including reasonable costs Highforge incurs in closing your account. Upon termination, you shall destroy any copy of the materials licensed to you, and Highforge may delete all information related to you on the Services.

12. Customer Support

Highforge provides customer support at no additional fee for issues related to Highforge service only. Highforge has the right to decide what is a service-related issue and to charge additional fees or refuse support for non-service-related issues; any such fees are non-refundable. You can request customer support only by sending an email to support@highforge.com; Highforge has no liability to provide support requested any other way. By asking our representatives for assistance, you authorize their intervention and operation in your account. You are solely liable for performing and storing a backup copy of your data prior to requesting support, and for restoring backups if you are not satisfied with any outcome.

13. Legal Purposes

The web hosting account and related services can only be used for legal purposes under all applicable international, federal, provincial and municipal laws. The intent is to provide space to serve web documents, not off-site storage, and is governed by the AUP. Violations may result in termination, with or without a notice or cure period granted at the sole discretion of Highforge based on severity. Highforge reserves the right to refuse Service if any content within, or any links from, your website is deemed illegal, misleading, or obscene, or otherwise in breach of the AUP. Highforge shall not be liable for loss or damages resulting from its refusal to host your website.

14. Account Use

You agree to follow generally accepted rules of “Netiquette” when sending email or posting to newsgroups, and are responsible for the security of your password. Highforge will not change passwords without satisfactory proof of identification, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problem involving you, Highforge will remain neutral and may put the account on hold until the situation is resolved. Under no circumstances will Highforge be liable for any losses incurred during this time of determination of ownership.

Sections 15–23 cover standard boilerplate conditions and are omitted in the source export.

24. No Agency Relationship

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Each party shall ensure that no person represents to the contrary, either expressly, implicitly, by appearance or otherwise.

25. Enforceability

In the event that any provision of this Agreement is unenforceable or invalid under any applicable law, or is so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and achieves, to the extent possible, our original objectives and intent.

26. Assignment and Resale

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose any of the Services without Highforge’s prior express written consent.

27. Force Majeure

Neither party shall be deemed in default, nor hold the other responsible for, any cessation, interruption or delay in performance due to causes beyond its control including: earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott, supplier failures, or any law, order, regulation, direction, action or request of government having jurisdiction. The party relying on this section (i) shall give the other party written notice promptly and within five (5) days of discovery, and (ii) shall take all steps reasonably necessary to mitigate the effects. If a force majeure event extends beyond thirty (30) days in the aggregate, Highforge may immediately terminate this Agreement.

28. Headings

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section, or in any way affect such section.

Section 04

Accessibility Statement

URL: highforge.com  •  Date: 21 Jul 2020

Compliance Status

We firmly believe that the internet should be available and accessible to anyone, and are committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability. To fulfill this, we aim to adhere as strictly as possible to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level. These guidelines explain how to make web content accessible to people with a wide array of disabilities, helping us ensure the website is accessible to all people: blind people, people with motor impairments, visual impairment, cognitive disabilities, and more.

This website utilizes various technologies meant to make it as accessible as possible at all times. We utilize an accessibility interface that allows persons with specific disabilities to adjust the website’s UI and design it to their personal needs. Additionally, the website utilizes an AI-based application that runs in the background and optimizes its accessibility level constantly, remediating HTML issues, adapting functionality and behavior for screen-readers used by blind users, and supporting keyboard functions used by individuals with motor impairments.

Screen-Reader and Keyboard Navigation

Our website implements the ARIA attributes (Accessible Rich Internet Applications) technique, alongside various behavioral changes, to ensure blind users visiting with screen-readers are able to read, comprehend, and enjoy the website’s functions. As soon as a user with a screen-reader enters the site, they immediately receive a prompt to enter the Screen-Reader Profile so they can browse and operate the site effectively.

Screen-reader optimization

We run a background process that learns the website’s components from top to bottom to ensure ongoing compliance even when updating the website, providing screen-readers with meaningful data using the ARIA set of attributes — accurate form labels; descriptions for actionable icons (social media, search, cart icons, etc.); validation guidance for form inputs; and element roles such as buttons, menus, and modal dialogues (popups). The background process scans all images and provides an accurate, meaningful image-object-recognition-based description as an ALT tag for images that are not described, and extracts text embedded within images using OCR (optical character recognition). Users can turn on screen-reader adjustments at any time by pressing Alt+1, and receive automatic announcements to turn on screen-reader mode as soon as they enter the website. These adjustments are compatible with all popular screen readers, including JAWS and NVDA.

Keyboard navigation optimization

The background process adjusts the website’s HTML and adds behaviors via JavaScript to make the website operable by keyboard: navigating with the Tab and Shift+Tab keys, operating dropdowns with the arrow keys, closing them with Esc, triggering buttons and links with Enter, navigating between radio and checkbox elements with the arrow keys, and filling them in with the Spacebar or Enter key. Keyboard users will find quick-navigation and content-skip menus available at any time by clicking Alt+1, or as the first elements of the site while navigating with the keyboard. The process also handles triggered popups by moving keyboard focus toward them. Users can use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements.

Disability Profiles Supported

• Epilepsy Safe Profile: enables people with epilepsy to use the website safely by eliminating the risk of seizures that result from flashing or blinking animations and risky color combinations.
• Visually Impaired Profile: adjusts the website so that it is accessible to the majority of visual impairments such as degrading eyesight, tunnel vision, cataract, glaucoma, and others.
• Cognitive Disability Profile: provides assistive features to help users with cognitive disabilities such as autism, dyslexia, and CVA focus on essential elements more easily.
• ADHD Friendly Profile: significantly reduces distractions and noise to help people with ADHD and neurodevelopmental disorders browse, read, and focus more easily.
• Blind Users Profile (Screen-readers): adjusts the website to be compatible with screen-readers such as JAWS, NVDA, VoiceOver, and TalkBack.
• Keyboard Navigation Profile (Motor-Impaired): enables motor-impaired persons to operate the website using the Tab, Shift+Tab, and Enter keys, with shortcuts for menus, headings, forms, buttons, and graphics.

Additional UI, Design, and Readability Adjustments

• Font adjustments — increase and decrease size, change family (type), adjust spacing, alignment, line height, and more.
• Color adjustments — select color contrast profiles such as light, dark, inverted, and monochrome, and swap color schemes of titles, texts, and backgrounds with over 7 coloring options.
• Animations — epileptic users can stop all running animations with the click of a button (videos, GIFs, and CSS flashing transitions).
• Content highlighting — emphasize important elements such as links and titles, or highlight focused/hovered elements only.
• Audio muting — mute the entire website instantly to avoid issues with automatic audio playing.
• Cognitive disorders — a search engine linked to Wikipedia and Wiktionary lets people with cognitive disorders decipher meanings of phrases, initials, slang, and others.
• Additional functions — change cursor color and size, use a printing mode, enable a virtual keyboard, and many others.

Browser and Assistive Technology Compatibility

We aim to support the widest array of browsers and assistive technologies possible, so our users can choose the best fitting tools with as few limitations as possible. We support all major systems comprising over 95% of the user market share, including Google Chrome, Mozilla Firefox, Apple Safari, Opera and Microsoft Edge, and JAWS and NVDA (screen readers), for both Windows and Mac users.

Notes, Comments, and Feedback

Despite our best efforts, there may still be pages or sections that are not fully accessible, are in the process of becoming accessible, or lack an adequate technological solution. We are continually improving our accessibility, adding and updating options and features, and developing and adopting new technologies. If you’ve found a malfunction, find any aspect of the website difficult to use, or have ideas for improvement, we’ll be happy to hear from you at scott@highforge.com.

Section 05

AI Usage & Quality Policy

Human expertise. AI-assisted efficiency.

At Highforge, we believe technology should make our team more effective — not replace the expertise, judgment, and accountability our clients rely on. To help us work more efficiently, we utilize artificial intelligence (AI) tools in certain areas of our business. These tools assist our team with research, content development, data analysis, brainstorming, troubleshooting, and workflow automation. Every client-facing deliverable, recommendation, strategy, website update, marketing initiative, and technical implementation remains subject to human review and oversight.

How We Use AI

AI may be used to assist with:

• Research and information gathering
• Drafting content and documentation
• Technical troubleshooting and code analysis
• Website audits and reporting
• SEO and marketing research
• Audio and video editing (but no use of AI humans in video)
• Workflow automation and process improvement
• Internal project management and organization

AI allows our team to spend less time on repetitive tasks and more time focusing on strategy, problem-solving, and delivering value to our clients.

What AI Does Not Do

AI does not replace our team. We do not allow AI systems to independently:

• Make business decisions on behalf of clients
• Deploy website changes without review
• Publish content without human approval
• Access client accounts beyond authorized workflows
• Replace professional judgment, expertise, or quality assurance

Every recommendation and implementation remains the responsibility of Highforge.

Accuracy & Verification

While AI can be a powerful tool, it is not infallible. Information generated or assisted by AI is reviewed by our team before being used in client deliverables whenever accuracy, security, legal compliance, technical implementation, or business decisions are involved. When appropriate, we independently verify facts, recommendations, technical findings, and implementation details before presenting them to clients.

Client Data & Privacy

Protecting client information is a core priority. We do not knowingly use confidential client information to train public AI models. When AI tools are utilized, we take reasonable steps to minimize the sharing of sensitive information and use platforms that provide appropriate privacy and security controls. Client data is handled in accordance with our existing security and confidentiality practices.

Our Commitment

AI helps us work faster. Experience helps us work smarter. Highforge combines both. Our clients hire us for expertise, accountability, and results — not for automated outputs. AI is simply one of many tools we use to help deliver those results more efficiently. If you have questions about how AI is used within our services, we’re happy to discuss our processes and approach.

Section 06

Cookie Policy

Last updated: [Date]

This Cookie Policy explains how Highforge Solutions LLC (“Highforge,” “we,” “us,” or “our”) uses cookies and similar tracking technologies on our website and related online services. By using our website, you agree that we may use cookies and similar technologies as described in this policy. Where required by law, we will ask for your consent before placing non-essential cookies on your device.

What Are Cookies?

Cookies are small text files placed on your computer, phone, or other device when you visit a website. They help websites work properly, remember preferences, understand how visitors use the site, and support marketing or advertising features. We may also use similar technologies, such as pixels, tags, local storage, tracking beacons, and clear gifs. These technologies may help us understand whether someone visited our website, opened an email, clicked a link, or interacted with our content.

Why We Use Cookies

We use cookies and similar technologies to:

• Operate and secure our website.
• Remember user preferences.
• Understand how visitors use our website.
• Improve website performance and user experience.
• Measure the effectiveness of marketing campaigns.
• Deliver or support relevant advertising.
• Detect and prevent fraudulent, malicious, or suspicious activity.

Types of Cookies We Use

Third-Party Cookies and Services

Some cookies may be placed by trusted third-party providers that help us operate, analyze, market, or improve our website and services. These may include services such as:

• Google Analytics or other Google services.
• Facebook/Meta advertising or analytics tools.
• LinkedIn advertising or analytics tools.
• Twitter/X advertising or analytics tools.
• Embedded video, form, social media, or other third-party website features.

These third parties may collect information about your activity on our website and across other websites. Their use of cookies and personal data is governed by their own privacy and cookie policies. Highforge does not directly control how third-party providers use their cookies.

Advertising and Analytics Cookies

We may use analytics and advertising cookies to better understand how visitors find and use our website, measure ad performance, and improve our marketing. Where required, we will request your consent before setting advertising or non-essential analytics cookies. If you decline or disable these cookies, some tracking, personalization, or advertising features may not function as intended.

How You Can Control Cookies

You can control cookies in several ways:

• Use the cookie banner or consent tool on our website, where available.
• Change your browser settings to block or delete cookies.
• Use privacy settings provided by third-party platforms, such as Google, Meta, LinkedIn, or X.
• Use browser extensions or privacy tools that limit tracking.

Most browsers allow you to delete cookies, block cookies, or receive alerts before cookies are stored. If you block certain cookies, parts of our website may not work properly.

Changes to This Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in our website, services, technology, or legal obligations. When we make updates, we will revise the “Last updated” date above.

Contact Us

If you have questions about this Cookie Policy or how Highforge uses cookies and similar technologies, you can contact us at: