Terms of Use.

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the website operated by Higher Focus Media, LLC (“Higher Focus Media,” “HFM,” “we,” “us,” or “our”), including higherfocusmedia.com and pages, forms, calculators, scheduling tools, and other features made available through the website (collectively, the “Website”).

By accessing or using the Website, you agree to these Terms. If you do not agree with these Terms, please do not use the Website.

2. About Higher Focus Media

Higher Focus Media provides business-to-business calling, lead-response, follow-up, appointment-setting, outreach, intake-support, survey, research, and related managed calling services.

HFM's operating model may combine trained human callers with technology, automation, workflow systems, customer relationship management tools, scheduling tools, reporting systems, and other technology.

The specific services provided to any client depend on the applicable proposal, service agreement, statement of work, order form, or other written agreement between HFM and that client.

3. Website Purpose

The Website is provided for general informational and business-development purposes. Website content is intended to explain HFM's services, operating philosophy, experience, and potential applications.

Nothing on the Website creates a client relationship, contractual obligation, partnership, joint venture, employment relationship, fiduciary relationship, or other professional relationship between you and HFM merely because you visit the Website, submit a form, use a calculator, or schedule a strategy call.

A strategy call is an exploratory business conversation and does not obligate either party to enter into a business relationship.

4. HFM Services

Depending on the engagement, HFM services may include:

• Inbound lead response;
• Outbound calling and prospecting;
• Lead follow-up and reactivation;
• Appointment or consultation scheduling;
• Client-approved qualification and intake;
• Respondent outreach;
• Telephone surveys and research calling;
• Bilingual English and Spanish calling;
• Calling-team staffing and management;
• Caller training and quality monitoring;
• Workflow and process support;
• Reporting and performance tracking; and
• Other calling or lead-conversion services agreed upon in writing.

Not every service listed above is included in every engagement.

5. Client Agreements Control

If you become an HFM client, the specific scope of work, pricing, payment terms, service levels, performance expectations, client responsibilities, confidentiality obligations, termination provisions, and other terms of the engagement will be governed by the applicable written agreement between you and HFM.

6. Results, Performance & Business Outcomes

HFM may discuss historical client results, conversion improvements, return on investment, appointment volume, completion rates, calling performance, or other outcomes on the Website or in sales materials.

Those results reflect particular clients, campaigns, time periods, circumstances, and operating conditions. They should not be interpreted as a guarantee that another client will achieve identical or similar results.

Business outcomes may depend on factors outside HFM's control, including:

• Lead quality and lead source;
• Market demand;
• Offer quality and pricing;
• Competitive conditions;
• Client reputation;
• Contactability of leads or respondents;
• Qualification criteria;
• Appointment or fulfillment capacity;
• Client sales performance;
• Client responsiveness;
• Product or service quality;
• Sample quality and incidence rates;
• Project design;
• Regulatory restrictions; and
• Other factors outside HFM's reasonable control.

Where appropriate, HFM and the client may establish mutually agreed performance goals based on available baseline information and the circumstances of the engagement.

Any specific guarantee, service level, performance commitment, credit, refund right, or payment condition applies only if expressly stated in the applicable written client agreement.

7. Testimonials, Reviews & Client Stories

The Website may display testimonials, reviews, client feedback, case examples, or historical results from prior engagements.

Testimonials reflect the experiences and opinions of the clients or individuals who provided them. Individual experiences vary, and testimonials should not be interpreted as a guarantee, promise, or representation that every client will obtain the same or similar outcome.

Historical performance information presented on the Website—including information appearing on our Results page—is provided to illustrate prior client experiences and HFM's experience performing particular types of work.

8. Calculators, Financial Illustrations & Examples

The Website may include interactive calculators, hypothetical examples, conversion scenarios, cost comparisons, return-on-investment illustrations, cost-per-complete calculations, or other planning tools.

These tools are provided solely for informational and exploratory purposes.

Inputs may be pre-populated with hypothetical values for demonstration purposes. Those values are not assumptions about your business and do not represent a quote, forecast, guarantee, promise, or expected result.

Calculator outputs are mathematical illustrations based on the information entered. Actual results may differ materially.

You should independently evaluate financial, operational, tax, legal, accounting, and business decisions and consult appropriate professional advisers when necessary.

9. Third-Party Statistics, Benchmarks & Research

The Website may reference statistics, research, benchmarks, industry reports, studies, or other information published by third parties.

HFM may provide this information for educational or contextual purposes but does not control third-party research and does not guarantee that third-party information is complete, current, or applicable to your particular business.

Third-party statistics should not be interpreted as HFM performance data unless expressly identified as such.

10. Healthcare Industry Services

HFM may provide non-clinical lead-response, patient-inquiry, follow-up, qualification, and appointment-setting support to healthcare businesses.

Higher Focus Media is not a healthcare provider and does not provide medical advice, diagnosis, treatment, clinical triage, emergency medical services, or other healthcare services.

HFM personnel should operate only within the approved non-clinical scope established for the engagement and should escalate clinical or medical questions according to the client's approved procedures.

Any handling of protected or regulated health information, if applicable to a specific engagement, must be addressed through appropriate agreements, systems, safeguards, and procedures established for that engagement. Nothing on this Website represents that every HFM service or system is appropriate for every regulated healthcare use.

11. Legal Industry Services

HFM may provide non-legal intake, prospective-client follow-up, qualification using law-firm-approved criteria, and consultation scheduling services to law firms.

Higher Focus Media is not a law firm and does not provide legal advice, legal opinions, legal representation, case evaluation, conflict determinations, or attorney-client services.

The law firm remains solely responsible for:

• Legal advice;
• Attorney-client relationships;
• Conflict checks;
• Engagement decisions;
• Legal evaluation;
• Case strategy;
• Representation decisions; and
• Compliance with applicable professional-responsibility requirements.

12. Survey, Research & Data-Collection Services

HFM may provide human calling capacity for survey, market-research, respondent-recruitment, outreach, and data-collection projects.

Project outcomes may be affected by sample quality, respondent availability, eligibility requirements, incidence rates, interview length, refusal rates, contact rates, project timing, questionnaire design, and other factors outside HFM's control.

Unless expressly stated in a written client agreement, HFM does not guarantee a particular number of completes, response rate, cost per complete, or completion deadline.

Clients are responsible for ensuring that the research design, sample, scripts, disclosures, consent requirements, and intended use of collected information comply with laws, regulations, contractual obligations, and industry requirements applicable to the client and project.

13. Email, Telephone & Text Communications

If you submit your contact information, schedule a strategy call, request information, or otherwise contact HFM, you authorize us to respond to your inquiry using the contact information you provide.

Where you separately consent to receive text messages, message frequency may vary and message and data rates may apply. You may reply STOP to opt out of text messages or HELP for help, where applicable.

Consent to receive marketing text messages is not a condition of purchasing HFM services.

Where you consent to marketing or informational email communications, you may unsubscribe using the unsubscribe mechanism provided in the applicable message.

Transactional or service-related communications may still be sent when reasonably necessary to administer an inquiry, scheduled appointment, or existing business relationship.

14. Intellectual Property

Unless otherwise stated, the Website and its original content, branding, copy, graphics, layouts, processes, calculators, design elements, and other materials are owned by or licensed to Higher Focus Media and are protected by applicable intellectual-property laws.

You may view and use Website content for your own legitimate informational or business-evaluation purposes.

You may not reproduce, distribute, sell, republish, scrape, systematically extract, modify, commercially exploit, or create derivative works from HFM's proprietary Website content without prior written permission, except as permitted by applicable law.

Third-party names, trademarks, logos, screenshots, reviews, or other materials remain the property of their respective owners.

15. Acceptable Use

You agree not to use the Website:

• For unlawful, fraudulent, abusive, or deceptive purposes;
• To interfere with the security or operation of the Website;
• To attempt unauthorized access to systems, accounts, or data;
• To introduce malware, malicious code, or harmful technology;
• To impersonate another person or organization;
• To submit information you are not authorized to provide;
• To harvest information from the Website through unauthorized automated means; or
• In a manner that violates applicable law or the rights of another person or entity.

16. Third-Party Websites, Platforms & Services

The Website may integrate with or link to third-party services, including scheduling systems, analytics providers, communication platforms, customer relationship management systems, social platforms, or other websites.

HFM does not control third-party websites or services and is not responsible for their content, availability, security, privacy practices, or terms.

Your use of third-party services may be governed by separate terms and privacy policies.

17. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Website is provided on an “as is” and “as available” basis.

HFM does not warrant that the Website will be uninterrupted, error-free, secure, or free from harmful components, or that all Website information will always be complete, accurate, or current.

HFM may modify, suspend, remove, or discontinue Website content or features at any time.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Higher Focus Media, LLC and its owners, officers, employees, contractors, representatives, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of, or inability to use, the Website.

This includes, without limitation, alleged loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings resulting from reliance on Website content, calculators, examples, third-party information, or other Website features.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Any liability relating to paid HFM services is governed by the applicable client agreement rather than this Website provision to the extent addressed by that agreement.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Higher Focus Media, LLC and its owners, officers, employees, contractors, representatives, and affiliates from claims, losses, liabilities, damages, and reasonable expenses arising from your unlawful misuse of the Website, your violation of these Terms, or your infringement of another party's rights.

20. Privacy

Your use of the Website is also subject to our Privacy Policy, which explains how information may be collected, used, disclosed, and protected.

The Privacy Policy is incorporated into these Terms by reference to the extent permitted by applicable law.

21. Governing Law

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Subject to any mandatory legal requirements, disputes arising solely from use of this Website will be subject to the jurisdiction of appropriate state or federal courts located in Tennessee.

Disputes arising from paid client services may instead be governed by the dispute-resolution, venue, arbitration, or governing-law provisions contained in the applicable client agreement.

22. Changes to These Terms

HFM may update these Terms from time to time to reflect changes in our Website, business practices, services, technology, or legal requirements.

When changes are made, the “Last Updated” date at the top of this page may be revised.

Your continued use of the Website after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.