Terms and Conditions for High Performance Media

Last Updated: June 23, 2025

1. Agreement to Terms

By accessing and using the website of High Performance Media ("Company," "we," "us," or "our"), located at https://www.highperformancemedia.co, you agree to be bound by these Terms and Conditions. If you do not agree with all of these terms, you are expressly prohibited from using this website and must discontinue use immediately.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and High Performance Media, concerning your access to and use of the website.

2. Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property. All source code, databases, functionality, software, website designs, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights of the United States.

The Content and the Marks are provided on the site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. User Representations

By using the site, you represent and warrant that:

  1. You have the legal capacity and you agree to comply with these Terms and Conditions.

  2. You will not access the site through automated or non-human means, whether through a bot, script, or otherwise.

  3. You will not use the site for any illegal or unauthorized purpose.

  4. Your use of the site will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the site, you agree not to:

  • Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Interfere with, disrupt, or create an undue burden on the site or the networks or services connected to the site.

  • Attempt to impersonate another user or person.

  • Use the site as part of any effort to compete with us or otherwise use the site and/or the Content for any revenue-generating endeavor or commercial enterprise.

5. Services

Our website provides information about our B2B marketing technology services. The actual provision of any services is governed by a separate, written Master Service Agreement (MSA) between High Performance Media and the client entity. Nothing on this website shall be considered a solicitation for or provision of services without such an agreement in place.

6. Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

7. Governing Law

These Terms and Conditions and your use of the site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

8. Dispute Resolution

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Randall County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

9. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

10. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the site or breach of these Terms and Conditions.

12. Contact Us

In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at: https://www.highperformancemedia.co/contact