KHightower Terms of Service
Effective Date: [August 14, 2024]
Welcome to KHightower!
KHightower provides a suite of digital marketing services including copywriting, lead generation, lead tracking, SMS marketing, email marketing, content generation, and an all-in-one growth marketing software solution. Our services are designed to help local businesses, SaaS companies, and growth-centric businesses expand their online presence through strategic digital marketing efforts.
1. Acceptance of Terms
By accessing and using our website (khightower.com) and any related services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, available at [https://khightower.com/privacy-policy/]. If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that business or organization to these Terms.
You agree to use the marketing tools and services provided by KHightower in compliance with all applicable laws, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and other relevant data protection and privacy laws.
2. Our Services
KHightower offers various digital marketing tools and services, which users can employ to enhance their online business activities. These services are accessible through our website and may involve the use of third-party platforms and apps.
Support Services
KHightower is committed to providing exceptional support to ensure the optimal use of our services. We offer 24/7 customer support to our subscribers through chat and video assistance to address any issues or questions you may have. Our support team is available at all times to help you navigate and make the most of the KHightower Lead Generation Growth Plan.
In addition to 24/7 support, we provide detailed documentation and resources to help you independently resolve common issues and maximize your use of our software.
Service Level Agreement (SLA)
KHightower is committed to providing a reliable and consistent level of service. Our Service Level Agreement (“SLA”), which forms part of our Sales Contract, guarantees a minimum uptime of 99% for the KHightower Lead Generation Growth Plan. In the event of an SLA breach, service credits may be issued as outlined in the SLA. For more detailed information, please refer to Exhibit B in the Sales Contract or contact us directly.
3. Account Registration
To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4. Use of Services
You agree to use our services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
- Use the services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the services.
- Use any robot, spider, or other automatic devices, process, or means to access the services for any purpose, including monitoring or copying any of the material on the services.
5. Third-Party Services
Our services integrate with various third-party services such as Stripe, Veem, Google Analytics, GoHighLevel, and others. Your use of these third-party services is subject to their respective terms and privacy policies.
6. Intellectual Property Rights
KHightower and its licensors retain all rights, title, and interest in and to the services provided, including all related intellectual property rights. The rights to any generic content, features, resources, and materials provided through our services, including but not limited to visual interfaces, graphics, design, compilation, information, and all other elements of the services are protected by intellectual property rights as owned by KHightower or its licensors.
For content or assets specifically created for a client as part of our contracted services, ownership and usage rights shall be outlined in a separate Services Agreement specific to each client. These agreements will detail the extent of rights transferred, licensed, or retained. Clients are advised to refer to their specific Services Agreement to understand the ownership and usage rights pertaining to such created content.
You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts provided by KHightower without express written permission from us, except for those materials that are explicitly outlined as transferable in the individual Services Agreements.
This clause also does not transfer ownership of third-party technologies or content that may be used in the provision of our services, which are subject to their respective intellectual property rights. Clients are granted rights to use these technologies within the scope defined by the respective third-party agreements and their Services Agreement with KHightower.
Our services may use software and technologies licensed from third-party providers, including GoHighLevel. While you may use the functionalities provided by these technologies as part of our services, you acknowledge that such software remains the intellectual property of the respective copyright holders and you are granted a non-exclusive license to use such technologies through our services according to these Terms.
You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from us, except where allowed by law.
7. Termination
KHightower may terminate or suspend your access to our services immediately, without liability, for any reason whatsoever, including but not limited to the following conditions:
1. Breach of these Terms or any material provision of the Sales Contract.
2. Failure to pay any fees due under the Sales Contract.
3. Engaging in activities that harm or may harm KHightower’s services, reputation, or business.
4. Use of the services for unlawful purposes or in violation of any applicable laws.
Upon termination, your access to the services will be immediately revoked, and any outstanding fees will remain due and payable.
8. Indemnification
You agree to indemnify, defend, and hold harmless KHightower, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
9. Limitation of Liability
KHightower’s liability for damages arising from the provision of our services shall be limited to the total subscription fees paid by you during the 12 months preceding the event giving rise to the liability. In no event shall KHightower be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, or data, even if KHightower has been advised of the possibility of such damages.
This limitation of liability applies to all causes of action, whether arising from breach of contract, tort, negligence, or any other legal theory.
10. Data Security and Confidentiality
KHightower is committed to safeguarding your data by implementing industry-standard security measures to protect the information stored within our services. We employ a range of technical, administrative, and physical controls to ensure the confidentiality, integrity, and availability of your data.
KHightower will not disclose your confidential information to any third party without your prior written consent, except as required by law or in connection with legal proceedings. We ensure that any third parties with whom we share data, such as for payment processing or integration services, adhere to similar security standards.
In the event of a data breach that may compromise your data, KHightower will promptly notify you in accordance with applicable data protection laws.
11. Governing Law and Jurisdiction
These terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall first be resolved through mediation in Austin, TX. If mediation fails to resolve the dispute, the matter may be submitted to the exclusive jurisdiction of the state and federal courts located in Texas.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. A “material change” is defined as a substantial change that affects the terms of use, privacy obligations, increases fees, or reduces the level of service provided to you. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect, giving you the opportunity to review the changes before they become effective.
You agree that it is your responsibility to check these Terms periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms constitutes acceptance of those changes.
13. Contact Us
If you have any questions about these Terms, please contact us at [email protected].
