Higher Resources (HR)

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Higher Resources (HR) ("Company," "we," "us," or "our"), a California limited liability company with its principal place of business at 1401 21st ST STE R, Sacramento, CA 95811.

These Terms govern your access to and use of www.higherresources.org and our iOS and Android mobile applications (collectively, the "Platform"). By accessing or using the Platform, you represent that you are at least 18 years of age, have legal capacity to enter into binding contracts under California law, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

I. Eligibility

Use of the Platform is limited to individuals who are at least 18 years of age and who can form legally binding contracts under California law. By using the Platform, you represent and warrant that you meet these requirements. We reserve the right to require verification of your eligibility at any time.

II. Account Registration and Security

To access certain features, you must create an account. You agree to: provide accurate, current, and complete information; maintain and update your information as needed; maintain the confidentiality of your login credentials; immediately notify us at info@higherresources.org of any unauthorized access or suspected security breach; and accept responsibility for all activity under your account.

We reserve the right to terminate accounts, refuse service, or remove content at our discretion.

III. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, and software, is the property of Higher Resources (HR) or its content suppliers and is protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial purposes. You may not: reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any Platform content without our prior written consent.

IV. Permitted and Prohibited Conduct

You agree to use the Platform only for lawful purposes and in compliance with these Terms. The following is expressly prohibited:

• Using the Platform in violation of any applicable local, state, federal, or international law or regulation
• Reproducing, duplicating, copying, selling, or exploiting any portion of the Platform without express written permission
• Uploading or transmitting malicious code, viruses, or any code designed to disrupt, damage, or limit functionality
• Impersonating any person or entity or misrepresenting your affiliation
• Unauthorized data scraping, mining, harvesting, or extraction
• Transmitting unsolicited commercial communications (spam)
• Attempting to gain unauthorized access to restricted portions of the Platform
• Harassing, threatening, or harming other users
• Circumventing, disabling, or interfering with security features

V. User-Generated Content

If you submit, post, or transmit content to the Platform ("User Content"), you grant Higher Resources (HR) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media.

You represent and warrant that: you own or have the necessary rights to the User Content; the User Content does not infringe any third-party intellectual property, privacy, or publicity rights; and the User Content complies with these Terms and all applicable laws.

We reserve the right, but not the obligation, to monitor, edit, or remove User Content at our discretion. We are not responsible for any User Content submitted by users.

VI. Professional Information Disclaimer

See Policy 3 (Disclaimer) for our full disclaimer regarding the educational and informational nature of Platform content.

VII. Third-Party Services and Links

The Platform may contain links to third-party websites, services, or resources. We provide these links as a convenience only. We do not control, endorse, or assume responsibility for third-party content, policies, or practices. Your interactions with third-party services are governed by their terms and privacy policies.

VIII. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, HIGHER RESOURCES (HR) EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (C) DEFECTS WILL BE CORRECTED; OR (D) THE PLATFORM IS FREE FROM VIRUSES OR HARMFUL COMPONENTS.

IX. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CALIFORNIA LAW, IN NO EVENT SHALL HIGHER RESOURCES (HR), ITS PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO HIGHER RESOURCES (HR) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

X. Indemnification

You agree to indemnify, defend, and hold harmless Higher Resources (HR) and its principals, employees, agents, contractors, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Platform; or (d) your violation of any applicable law or the rights of any third party.

XI. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration in Sacramento County, California, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

You waive any right to participate in a class action lawsuit or class-wide arbitration. Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction without waiving the right to arbitration.

XII. Mobile Application Terms

For users accessing the Platform via our iOS or Android application:

• Apple App Store: These Terms are between you and Higher Resources (HR), not Apple Inc. Apple is not responsible for the Platform or its content.
• Google Play Store: These Terms are between you and Higher Resources (HR), not Google LLC. Google is not responsible for the Platform or its content.
• You agree to comply with all applicable third-party terms of agreement when using the Platform on a mobile device.

XIII. Modifications

We reserve the right to modify these Terms at any time. Material modifications will be communicated via Platform notice or email. Continued use of the Platform after the effective date of modified Terms constitutes your acceptance.

XIV. Termination

We reserve the right to suspend or terminate your access to the Platform immediately, without prior notice or liability, for conduct that we believe, in our sole discretion, violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination, all provisions that by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

XV. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be modified to reflect the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

XVI. Contact Information

Higher Resources (HR)
1401 21st ST STE R, Sacramento, CA 95811
Email: info@higherresources.org
Website: www.higherresources.org