IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

1) Introduction.

Welcome! This Site is owned and operated by High Vision Digital Marketing LLC and/or one of its divisions, affiliates, subsidiaries, or joint ventures (“High Vision Digital Marketing,” “Company,” “we,” “our” or “us”). Please read these terms carefully. By accessing or viewing this Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms” or “Terms of Use”).

All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the Services. If you use or access the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. You represent and warrant that you are at least 18 years of age or visiting the Site under the supervision of a parent or guardian. Our Site is not intended for those under the age of 18. These Terms form a contract between you and High Vision Digital Marketing LLC. If you do not agree to the Terms, do not use the Site or the Services. From time to time, High Vision Digital Marketing LLC may decide to modify, add, or delete portions of these Terms. If High Vision Digital Marketing LLC does so, your continued use of the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site.

2) Privacy Policy.

Please review our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Services. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use of this information.

3) Changes to the Services.

We reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided. Any future release, update, or other addition to the Services shall be subject to these Terms, unless and until an updated set of Terms is posted. Additionally, we reserve the right to suspend or terminate the Services for any reason, without notice, at any time.

4) General Information.

When you access this Site, you agree to comply with these Terms and any other policies or requirements posted on the Site. You agree to abide by all applicable laws, rules, and regulations when registering for, accessing, or using the Services, and may not engage in fraud or misuse of the Services or any conduct that is harmful or harassing to anybody.

Violating the security of the Services is prohibited and may result in criminal and/or civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations. Without limiting the foregoing, you must not do (and agree not to do) any of the following:

• Violate any applicable law or legal requirement.
• Engage in fraud or misuse of the Services.
• Engage in conduct that is harmful or harassing to anybody.
• Infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Is fraudulent, false, misleading, or deceptive;
• Is defamatory, obscene, pornographic, vulgar, or offensive;
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• Is violent or threatening or promotes violence or actions that are threatening to any other person;
• Promotes illegal or harmful activities or substances;
• Constitutes spam, or competes with our business;
• Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services.
• Attempt to scrape or collect any personal or private information from the Services or from other users of the Services.
• Resell the Services, in whole or in part, or any content residing or displayed within or through the Services.
• Intercept, monitor, damage, or modify any communication not intended for you.
• Otherwise impersonate or misrepresent your affiliation with any person or entity.
• Alter the way that an aspect of an App or website we provide is displayed or delivered to other users.
• Access, tamper with, or use non-public areas of an App or website we provide, our computer systems, or the technical delivery systems of us or our providers.
• Attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Services.
• Access the Services if we have requested that you refrain from such access.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
• Assist or permit anybody to violate these Terms.

We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.

5) Proprietary Rights.

You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral rights, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, High Vision Digital Marketing LLC or its licensors own all Content on this Site, including, without limitation, all videos, articles, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such content. Subject to these Terms, High Vision Digital Marketing LLC grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Services solely for your personal, non-commercial purposes. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the Contributor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site. The use of the Content from this Site on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without High Vision Digital Marketing LLC’s prior written approval.

6) Third-Party Links and Services.

The Services and Site may contain links to third-party websites, offers, or other events and promotions outside of highvisionconsultants.com and/or not owned or controlled by High Vision Digital Marketing LLC (“Linked Sites”). We do not control, endorse, sponsor, recommend, or otherwise accept any responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites or the actions of such organizations. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those terms and policies. If you access the Linked Sites, you do so at your own risk. Because High Vision Digital Marketing LLC is not a party to the agreements or transactions made between you and any third-party, even where such agreements or transactions are facilitated through the Services, your remedy is limited to a claim against those third parties—not High Vision Digital Marketing LLC.

7) Claims of Infringement (Digital Millennium Copyright Act Notice).

High Vision Digital Marketing LLC respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (the “DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, High Vision Digital Marketing LLC will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified below. High Vision Digital Marketing LLC reserves the right to disable and/or remove access to the Site for users who are repeat infringers. Terminate the rights of any user to access the Services if any such user is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:

High Vision Digital Marketing LLC
Attn: Legal
2521 Biscotto Cir. Davenport, FL 33897
Phone: +1 (719) 359 1985
E-Mail: [email protected]

8) Indemnification.

You agree to indemnify and hold harmless High Vision Digital Marketing LLC and the members of its corporate family (i.e., all parents, subsidiaries, and affiliates), as well as High Vision Digital Marketing LLC investors and partners, and their respective agents, partners, employees, and contractors from and against any claims, damages, loss, costs, fines, penalties, settlements, expenses, payments, or other liabilities, including reasonable attorney’s fees and legal expenses, resulting from (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any law or third-party right, including any copyright, trademark, trade secret, or privacy right related to your use of the Site.

9) Disclaimer of Representations and Warranties.

High Vision Digital Marketing LLC MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT AND INFORMATION FOUND ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, OR NON-INFRINGEMENT. HIGH VISION DIGITAL MARKETING LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10) Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIGH VISION DIGITAL MARKETING LLC OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND HIGH VISION DIGITAL MARKETING LLC PARTIES (COLLECTIVELY, WITH HIGH VISION DIGITAL MARKETING LLC, THE “HIGH VISION DIGITAL MARKETING LLC ENTITIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF HIGH VISION DIGITAL MARKETING LLC’S SITE AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE HIGH VISION DIGITAL MARKETING LLC SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE INFORMATION OR SERVICES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE HIGH VISION DIGITAL MARKETING LLC SITE AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE HIGH VISION DIGITAL MARKETING LLC SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF THE HIGH VISION DIGITAL MARKETING LLC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY HIGH VISION DIGITAL MARKETING LLC ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE.

11) Arbitration and Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and High Vision Digital Marketing LLC agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims High Vision Digital Marketing LLC advertising, and any content available on our website(s)); and claims that may arise after the termination of these Terms.

12) Governing Law.

The Terms and the relationship between you and High Vision Digital Marketing LLC shall be governed in all respects by, construed in accordance with, and enforced under the laws of the State of Florida, without regard to its conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in Davenport, Florida. We both agree to submit to the personal jurisdiction of the federal and state courts located within Davenport, Florida for the purpose of litigating all such claims or disputes that are not subject to arbitration.

13) Statute of Limitations.

Any cause of action arising out of or related to the Terms, the Site, or the Services must begin within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

14) Other.

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topic. Certain sections of these Terms shall survive any termination of any aspect of the Services, including but not limited to Sections 2 (Privacy Policy), 3 (Changes to Services), 4 (General Information), 5 (Proprietary Rights), 7 (Claims of Infringement), 8 (Indemnification), 9 (Disclaimer of Representations and Warranties), 10 (Limitation of Liability), 11 (Arbitration and Class Action Waiver), 12 (Governing Law) and any other section which on its face was intended to survive the termination or the cancellation of these Terms.

15) Questions.

If you have questions regarding these Terms, please contact us at [email protected].