Terms of Service

These Terms of Service are a binding agreement between you and High Arc Media, Inc., a Georgia corporation located at 6595 Roswell Road, Suite G, PMB 6414, Atlanta, Georgia 30328, operating as High Arc Media. In these terms, we, us, and our mean High Arc Media, Inc., and you means the person or business using the site.

By visiting higharcmedia.com, submitting a form, subscribing, or otherwise using the site, you agree to these terms. If you do not agree, do not use the site.

You must be at least 18 years old and able to enter a binding contract. If you are using the site for a company, you are confirming you have authority to bind that company.

These terms govern the website and your general dealings with us before there is a signed contract.

Paid work is governed by a separate written agreement, such as a proposal, statement of work, service agreement, or retainer agreement that you sign. Where that signed agreement conflicts with anything here, the signed agreement wins for that engagement. Nothing on this website changes, waives, or adds to a contract you have already signed with us.

Prices, packages, and timelines shown on the site or given in a quote are estimates for planning, not binding offers. Scope and price are only fixed once both sides sign a proposal or statement of work.

We may change our pricing and service offerings at any time. A quote we have issued stays valid for the period stated on it, or 30 days if it does not say. Submitting a form does not create a contract and does not reserve production capacity or a booking date.

Our material

The site and everything in it, including copy, design, layout, code, photography, video, case studies, logos, and the High Arc Media name and marks, belongs to us or our licensors and is protected by copyright, trademark, and other laws. You may view, download, and print pages for your own evaluation of our services. You may not copy, republish, resell, scrape, or build a competing or derivative service from our material without written permission.

Work we produce for clients

Ownership of deliverables we create for a client is set by the signed agreement for that engagement, not by this page. Unless the agreement says otherwise, we keep ownership of our underlying tools, templates, processes, and systems, and we keep the right to show finished work in our portfolio and marketing.

Third-party material

Client names, logos, and brand assets shown on this site remain the property of their owners and appear to identify work we performed. Stock imagery and music are used under license from their providers.

When you send us a brief, a file, a comment, or any other material, you confirm you have the right to send it and that it does not infringe anyone else's rights or break the law. Do not send us confidential information through a website form.

If you send us feedback, suggestions, or ideas about our services, we may use them freely and without owing you compensation or credit.

If you give us your mobile number and agree to receive texts, we may text you about your inquiry, scheduling, and active projects, and, where you separately agree, about our services.

• Agreeing to receive texts is never a condition of buying anything from us.
• Message frequency varies.
• Message and data rates may apply.
• Reply STOP to opt out or HELP for help. You can also email contact@higharcmedia.com.
• Mobile carriers are not liable for delayed or undelivered messages.

We do not sell, rent, or share mobile numbers or text message consent with third parties for their own marketing. Marketing email always carries an unsubscribe link. How we handle the underlying data is described in our Privacy Policy.

You agree not to:

• Use the site for anything unlawful, deceptive, or harmful
• Submit false information, impersonate anyone, or send spam through our forms
• Scrape, harvest, or bulk-download the site, or use bots or automated tools against it, except for well-behaved search engine crawlers
• Attempt to gain unauthorized access to the site, its servers, or any connected system, or probe or test its security
• Upload malware, or interfere with the operation or performance of the site
• Reverse engineer any part of the site, or remove any copyright or proprietary notice

We may restrict or block access to anyone who breaks these rules, without notice.

The site links to and embeds services we do not control, including video players, scheduling tools, and social platforms. We provide them for convenience. We do not endorse them, we are not responsible for their content, availability, or practices, and your use of them is governed by their terms and privacy policies.

Marketing outcomes depend on many things outside our control, including your market, offer, pricing, sales process, budget, and the policies and algorithms of platforms we do not own.

Case studies, metrics, testimonials, and examples on this site describe past results for specific clients under specific conditions. They are not a promise, projection, or guarantee that you will get the same or similar results. Nothing on this site is a guarantee of revenue, leads, reach, engagement, ranking, or return on ad spend. Nothing on this site is legal, financial, tax, or investment advice.

The site is provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the content is accurate, complete, or current. Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

To the fullest extent permitted by law, High Arc Media, Inc. and its officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or relating to your use of the site, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of those damages. Our total liability for all claims relating to the site is limited to one hundred United States dollars (USD 100.00). This section does not limit liability for our own fraud, gross negligence, or willful misconduct, or for anything that cannot be limited under applicable law. Liability arising from paid work is governed by the signed agreement for that engagement.

You agree to defend, indemnify, and hold harmless High Arc Media, Inc.and its officers, employees, and contractors from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of your use of the site, your breach of these terms, or your violation of any law or of anyone else's rights.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your case.

Talk to us first

If you have a problem, email contact@higharcmedia.com and describe it, along with what you would like us to do about it. Most things get solved here. Both sides agree to try to resolve the dispute informally for 30 days before starting arbitration or any other proceeding.

Agreement to arbitrate

If we cannot resolve it informally, you and High Arc Media, Inc. agree that any dispute, claim, or controversy arising out of or relating to these terms, the website, or our services will be settled by binding individual arbitration rather than in court, except as stated under Exceptions below. This agreement is governed by the Federal Arbitration Act.

How arbitration works

• Arbitration is administered by the American Arbitration Association under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where those apply.
• The arbitration takes place in Atlanta, Georgia, or by video or telephone if you prefer. If you are an individual consumer, you may also request that it take place in the county where you live.
• One arbitrator decides the case, applies Georgialaw, and can award the same individual relief a court could. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction.
• The arbitrator, not a court, decides questions about the scope, enforceability, or interpretation of this arbitration agreement.
• Each side pays its own attorneys' fees unless the arbitrator awards them. Filing and arbitrator fees follow the AAA rules and fee schedules.

No class actions

You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding. You and we each waive the right to a jury trial. If this class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, is severed from arbitration and goes to court.

Exceptions

• Either side may bring an individual claim in small claims court if it qualifies.
• Either side may ask a court for an injunction or other equitable relief to stop infringement or misuse of intellectual property or confidential information.

Your right to opt out

You can opt out of this arbitration agreement within 30 days of first accepting these terms. Email contact@higharcmedia.com with the subject line Arbitration Opt-Out and include your name and the email address or company you deal with us under. Opting out has no effect on anything else in these terms, and we will not hold it against you. If you opt out, disputes go to the courts described below.

Governing law and courts

These terms are governed by the laws of the State of Georgia, without regard to its conflict of laws rules. For any dispute that is not subject to arbitration, or if the arbitration agreement is found not to apply, the state and federal courts located in Fulton County, Georgia have exclusive jurisdiction, and both sides consent to the personal jurisdiction of those courts.

Any claim relating to the site must be brought within one year after it arises, or it is permanently barred, except where applicable law does not allow that limit.

If any part of this section is found unenforceable, the rest of it stays in force.

• Severability. If any provision is found unenforceable, the rest stays in force and the unenforceable part is limited to the minimum extent necessary.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
• Assignment. You may not assign these terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of the business.
• Entire agreement. These terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between us regarding the site, and replace any earlier terms posted here.
• No third-party beneficiaries. These terms do not give rights to anyone who is not a party to them.

We may update these terms. The date at the top reflects the current version. Changes take effect when posted, and continuing to use the site after that means you accept them. If a change is material, we will make it obvious on the site. Changes are not retroactive and do not alter a signed client agreement.

High Arc Media, Inc.
6595 Roswell Road, Suite G, PMB 6414, Atlanta, Georgia 30328
contact@higharcmedia.com