Terms of Use

These Website Terms of Use ("Terms") govern your access to and use of the website located at highflame.com and any other websites operated by Highflame or its affiliates that expressly link to these Terms (collectively, the "Website").

Access to or use of Highflame's products, hosted services, software, platform, or other offerings is subject to separate terms and conditions and is not governed by these Terms.

For purposes of these Terms, "you" and "your" means you as the user of the Website.

1. Eligibility

This Website is not intended for children under 13 years of age. By using the Website, you represent that you are at least 13 years of age.

2. Use of the Website

Subject to these Terms, Highflame grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Website for lawful, internal business and informational purposes.

3. Prohibited Use

You agree not to, and not permit any third party to:

• use the Website in violation of any applicable laws, rules, regulations or third-party rights;
• copy, reproduce, modify, create derivative works of, publicly display, republish, store, transmit, or otherwise exploit any part of the Website or its content, except as expressly permitted by these Terms;
• use any robot, spider, crawler, scraper, data mining tool, or other automated means to access, monitor, copy, or collect information from the Website, except as permitted by standard search engine protocols or with Highflame's prior written consent;
• interfere with, disrupt, damage or impair the operation of the Website or any servers or networks connected to the Website, including by transmitting any virus, malware or other harmful code;
• attempt to gain unauthorized access to any portion of the Website or any related systems or networks connected to the Website;
• remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Website;
• frame, mirror, or otherwise incorporate any portion of the Website into any other website or service;
• use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other person's use of the Website;
• use the Website, or any content or information made available through the Website, for benchmarking, competitive analysis, or to develop, train, improve, or support any competing product or service, except with our prior written consent; or
• use the Website in any manner not expressly permitted by these Terms.

4. Intellectual Property

• The Website, including all text, graphics, images, logos, videos, software, designs, interfaces, information, documentation, and other content made available on or through the Website, is owned by or licensed to Highflame and is protected by intellectual property and other applicable laws.
• Except for the limited right to access and use the Website expressly granted in these Terms, no right, title, or interest in or to the Website or any content on the Website is transferred to you, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by Highflame and its licensors.
• Highflame and its logos, and any product or service names, slogans, or marks appearing on the Website are trademarks or service marks of Highflame or its licensors. You may not use them without prior written permission.

5. Feedback

If you provide any suggestions, ideas, comments, or other feedback regarding the Website or Highflame's products and services ("Feedback"), you grant Highflame a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid right and license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit such Feedback for any purpose, without notice, attribution, or compensation to you.

6. Third-Party Links

The Website may contain links to third-party websites, services, or resources, or may display third-party content. Highflame does not control and is not responsible for any third-party websites, services, resources, or content. Links are provided only as a convenience and do not imply endorsement. Your use of any third-party websites or services is at your own risk and subject to the applicable third party's terms and policies.

7. Privacy

Please review our Privacy Policy, which describes how we collect, use, and disclose information in connection with the Website.

8. Informational Nature of Website

The Website and its content are provided for general informational purposes only. The Website may include descriptions of Highflame's products, services, features, functionality, security practices, compliance efforts, integrations, roadmap items, or future plans. Such information is provided for general informational purposes only and does not constitute any contractual commitment, representation, warranty, or guarantee.

Any descriptions of product functionality, security measures, compliance practices, or future development plans on the Website do not modify any separate written agreement between you and Highflame. In the event of any conflict between the Website and a separate written agreement with Highflame, the separate written agreement will control.

You acknowledge that any reliance on the Website or its content is at your own risk.

9. Disclaimers

THE WEBSITE AND ALL CONTENT MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGHFLAME DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

HIGHFLAME DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE.

The Website may contain typographical errors, inaccuracies, or omissions, and Highflame reserves the right to correct any such errors, inaccuracies, or omissions and to modify, update or discontinue the Website at any time without prior notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGHFLAME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HIGHFLAME AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Highflame and its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your unlawful use of the Website.

12. Suspension and Termination

Highflame may block or restrict your access to the Website at any time, with or without notice, if Highflame believes that you have violated these Terms or applicable law, or if such action is otherwise necessary to protect the Website, Highflame, or other users.

13. Changes to These Terms

We may update these Terms from time to time. If we do, we will post the updated Terms on this page and update the "Last Updated" date above. By continuing to use the Website after such changes become effective, you agree to the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of Delaware without regard to its conflict of laws principles.

15. Dispute Resolution; Arbitration; Class Action Waiver

Please read this Section carefully because it requires you and Highflame to resolve most disputes through binding individual arbitration and limits the manner in which you and Highflame may seek relief from one another.

15(a). Arbitration Agreement

To the fullest extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or your access to or use of the Website (collectively, "Disputes") will be resolved by final and binding arbitration, rather than in court, except as provided below.

15(b). Exceptions

Nothing in this Section prevents either you or Highflame from: (i) bringing an individual action in small claims court if the requirements of that court are met and the matter remains in that court; or (ii) seeking injunctive or other equitable relief in a court of competent jurisdiction for claims relating to actual or threatened infringement, misappropriation, or violation of intellectual property or other proprietary rights.

15(c). Arbitration Procedure

The arbitration will be administered by JAMS in accordance with its then-current applicable rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted before a single arbitrator in Wilmington, Delaware, unless the parties agree otherwise. Judgment on the arbitration award may be entered in any court having jurisdiction.

15(d). Individual Basis Only; No Class Actions

You and Highflame agree that all Disputes will be resolved only on an individual basis and not in any class, collective, consolidated, representative, or private attorney general action or proceeding. Neither you nor Highflame may participate in a class, collective, consolidated, representative, or private attorney general action or proceeding, and the arbitrator may not consolidate more than one person's claims or otherwise preside over any such action or proceeding.

15(e). Opt-Out Right

You may opt out of this Section by sending written notice of your decision to opt out to legal@highflame.com within thirty (30) days after you first become subject to these Terms. Your notice must include your name and a clear statement that you wish to opt out of this arbitration agreement and class action waiver. If you opt out, neither you nor Highflame will be bound by this Section.

15(f). Severability

If any portion of this Section is held to be invalid or unenforceable, that portion will be severed and the remainder will remain enforceable, except that if Section 15(d) is held to be invalid or unenforceable, then this Section will be unenforceable in its entirety to the extent permitted by applicable law.

16. Miscellaneous

• These Terms constitute the entire agreement between you and Highflame regarding the Website and supersede any prior or contemporaneous understandings regarding the Website.
• If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Highflame's failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision.
• You may not assign or transfer these Terms without Highflame's prior written consent. Highflame may assign these Terms without restriction.

17. Contact Us

If you have any questions about these Terms, please contact us at:

Highflame Inc
Email: legal@highflame.com