1. Eligibility

The Site is intended for business and professional use. By using the Site, you represent that you are at least 18 years old and have the legal authority to enter into these Terms, whether on your own behalf or on behalf of a company or organization. If you use the Site as a representative of an organization (for example, submitting an inquiry on your employer’s behalf), these Terms bind you individually and the organization you represent, and references to “you” apply to both.

2. Description of Services

HigherVisibility provides digital marketing services, including but not limited to search engine optimization (SEO), pay-per-click advertising (PPC) management, website design and development, link building, conversion rate optimization, and related consulting services (“Services“). Information about the Services on this Site is provided for general informational and marketing purposes only and does not constitute a binding offer. Any actual engagement for Services is subject to a separate, mutually executed Service Agreement.

3. No Guarantee of Results

Digital marketing outcomes — including but not limited to search engine rankings, website traffic, advertising performance, conversion rates, and revenue — depend on factors outside HigherVisibility’s control, including search engine algorithm changes, advertising platform policies, market competition, and client-side implementation. Case studies, testimonials, and performance figures referenced on this Site reflect specific past client results and are not guarantees of future performance for any other business. Nothing on this Site should be construed as a promise or warranty of specific results.

4. Forward-Looking Statements

References on the Site to features, tools, methodologies, or services that are new, upcoming, “in beta,” or otherwise still in development are provided for informational purposes only. HigherVisibility makes no representation or promise that any such feature, tool, or service will actually be developed, released, or made available, on any particular timeline or at all, and you should not rely on the prospect of future availability when making business decisions.

5. Use of the Site

You agree to use the Site only for lawful purposes. You will not:

• Use the Site in any way that violates applicable federal, state, local, or international law;
• Attempt to gain unauthorized access to any part of the Site, other users’ accounts, or connected systems or networks;
• Use any automated system (bots, scrapers, crawlers) to access the Site in a manner that sends more request messages than a human could reasonably produce, except for standard search engine indexing;
• Introduce viruses, malware, or other harmful code;
• Interfere with or disrupt the Site’s servers or networks;
• Copy, reproduce, republish, or exploit any content from the Site for commercial purposes without our prior written consent.

We reserve the right to restrict or terminate your access to the Site at our discretion for conduct that we believe violates these Terms or is otherwise harmful to us, other users, or third parties. Use of the Site may be monitored by HigherVisibility for security, quality, and legal-compliance purposes.

6. Intellectual Property

All content on the Site — including text, graphics, logos, the “Targeted Growth System®” methodology and name, images, tools (such as the SERP Snippet Optimizer, SEO CTR Grader, Bulk Keyword Generator, and Keyworddit), software, and the overall design and “look and feel” — is the property of HigherVisibility or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may view and download content from the Site for personal, non-commercial reference only. You may not modify, distribute, publicly display, create derivative works from, or otherwise commercially exploit any Site content without our prior written permission.

“HigherVisibility” and “Targeted Growth System®” are trademarks or registered trademarks of HigherVisibility. All other trademarks, service marks, and trade names referenced on the Site are the property of their respective owners.

7. Client Portal Access and Account Security

Certain areas of the Site and related platforms — including the Insite reporting dashboard and the Listings management portal — are restricted to registered clients and accessed via a login and password issued by HigherVisibility (“Client Portals“). Content available through the Client Portals, including campaign data, reporting, and account information, is confidential and proprietary to you and/or HigherVisibility and is provided solely for your own internal use, subject to your Service Agreement.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree not to share your password with unauthorized parties and to notify HigherVisibility immediately at info@highervisibility.com if you suspect any unauthorized access to or use of your account. You will not attempt to gain unauthorized access to any Client Portal, another user’s account, or any restricted area of the Site.

8. Free Tools

The Site offers certain free tools (e.g., the SERP Snippet Optimizer, SEO CTR Grader, Bulk Keyword Generator). These tools are provided “as is” for informational and educational purposes, without warranty of accuracy, completeness, or fitness for any particular purpose. You use these tools at your own risk and should independently verify any output before relying on it for business decisions.

9. User Submissions and Testimonials

If you submit information through the Site (e.g., contact forms, proposal requests, comments, or reviews), you grant HigherVisibility a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with operating and promoting our Services, including as a testimonial, unless you specify otherwise in writing. You represent that any information you submit is accurate and that you have the right to submit it.

Handling of personal information you submit is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. SMS/Text Messaging Consent

By submitting a phone number through any form on the Site (including but not limited to the “Request a Proposal” form), you consent to receive SMS/text messages from HigherVisibility at the number provided, including messages related to your inquiry, proposal, ongoing services, appointment reminders, account updates, and promotional or marketing communications.

• Message frequency varies.
• Message and data rates may apply.
• Consent to receive SMS messages is not a condition of purchasing any Services.
• You may opt out at any time by replying STOP to any message. You will receive a one-time confirmation that you have been unsubscribed, and no further messages will be sent unless you re-subscribe.
• Reply HELP for assistance, or contact us directly at 888.598.4449 or info@highervisibility.com.
• Carriers are not liable for delayed or undelivered messages.
• For information on how we handle your phone number and other personal data, see our Privacy Policy.
• Privacy: We do not sell SMS consent or share your personal information with third parties for marketing purposes.

[Note: this is standard TCPA-oriented consent language for SMS marketing/transactional texts. If you’re planning to send marketing texts at any real volume, a few things beyond this paragraph matter a lot in practice: (1) your form should have its own explicit checkbox or adjacent disclosure at the point of collection — courts and the FCC have drawn a real distinction between “consent buried in T&Cs” and “consent given at the point of data collection,” so I’d recommend not relying on this section alone; (2) you’ll want a documented, timestamped consent record per contact if you’re using a texting platform (most, like Twilio, HubSpot, or SimpleTexting, handle this); (3) double check whether your particular use case (SEO/marketing agency cold outreach vs. inbound-form-driven texts) changes your obligations — inbound form submissions are generally lower-risk than outbound cold texting. This paragraph documents consent; it doesn’t replace getting your actual collection flow and platform reviewed by counsel familiar with TCPA.]

11. Third-Party Links and Content

The Site may contain links to third-party websites, tools, or platforms (including advertising platforms, social media, and partner sites) that are not owned or controlled by HigherVisibility. We are not responsible for the content, privacy practices, or terms of any third-party site. Inclusion of a link does not imply endorsement.

12. Linking to the Site

You may link to the Site’s homepage, provided the link does not (a) imply affiliation with, or endorsement or sponsorship by, HigherVisibility that does not exist; (b) cause confusion, mistake, or deception as to the source of any content; (c) dilute or misuse HigherVisibility’s trademarks, service marks, or trade names; or (d) otherwise violate applicable law. You may not link to any other page on the Site, or use any HigherVisibility logo, mark, or other proprietary graphic in a link, without our prior written consent, which we may withdraw at any time in our discretion.

13. Disclaimer of Warranties

THE SITE AND ALL CONTENT, TOOLS, AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. HIGHERVISIBILITY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SITE.

14. Limitation of Liability

This section applies only to your use of the Site itself (as opposed to any paid Services), and only to the extent you have not signed a Service Agreement with HigherVisibility — for signed clients, liability is governed exclusively by the terms of your Service Agreement, which supersedes this section entirely.

For all other visitors, and to the fullest extent permitted by law, HIGHERVISIBILITY AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY SUCH CLAIM SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

15. Indemnification

This section applies only to your use of the Site itself, and only to the extent you have not signed a Service Agreement with HigherVisibility — for signed clients, indemnification obligations are governed exclusively by the terms of your Service Agreement.

For all other visitors, you agree to indemnify, defend, and hold harmless HigherVisibility and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

16. Termination

We may suspend or terminate your access to the Site at any time, without notice, for conduct that violates these Terms or is otherwise harmful to our interests or those of other users. Provisions of these Terms that by their nature should survive termination (including Sections 6, 13, 14, 15, and 17) will survive.

17. Governing Law and Dispute Resolution

This section applies only to disputes arising from your use of the Site itself, and only to the extent you have not signed a Service Agreement with HigherVisibility — for signed clients, governing law and venue for any dispute related to the Services is governed exclusively by the terms of your Service Agreement.

For all other disputes, these Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles, and any such dispute shall be subject to the exclusive jurisdiction of the state or federal courts located in Shelby County, Tennessee, with the parties consenting to personal jurisdiction there.

[Note: many agencies instead route disputes to arbitration to limit litigation costs and avoid class actions — that’s a deliberate business decision, not a legal default, so I’ve left it as court jurisdiction here. Let me know if you’d rather include an arbitration/class-action-waiver clause.]

18. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date at the top reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

19. Severability

If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and HigherVisibility regarding use of the Site and supersede any prior agreements regarding the same subject matter. Where these Terms conflict with a signed Service Agreement, the Service Agreement controls.

21. Contact Us

Questions about these Terms can be directed to:

HigherVisibility 6070 Poplar Avenue, Suite 760 Memphis, TN 38119 Phone: 888.598.4449 Email: info@highervisibility.com