Website Terms & Conditions

Terms and Conditions

We recommend that all users, clients, customers, and visitors read these Terms and Conditions carefully before using this website, submitting any form, making any payment, approving work, placing an order, or using any service provided by High Impact Dealer.

By using this website, submitting information, approving work, making payment, placing an order, or using services provided by High Impact Dealer, you agree that you have read, understood, and accepted these Terms and Conditions.

These Terms and Conditions may be updated periodically. Continued use of this website or our services after updates are posted or otherwise made available constitutes acceptance of the updated Terms and Conditions.

1. Privacy

We are committed to protecting the privacy of our customers, clients, and website visitors. Information submitted through our website, forms, CRM systems, email communications, phone calls, text messages, payment systems, or other communication channels may be used to communicate with you regarding your inquiry, account, services, orders, support requests, billing, project updates, or marketing communications you have opted into.

We do not sell personal information to unrelated third parties. However, we may share information with trusted vendors, software providers, payment processors, hosting companies, CRM systems, advertising platforms, analytics providers, communication services, domain providers, email providers, and other service providers when necessary to operate our business, maintain client services, process payments, provide support, or fulfill requested services.

We use reasonable industry-standard safeguards to protect customer and client information. However, no method of internet transmission, website hosting, electronic storage, email communication, or third-party platform integration is completely secure. By using this website or our services, you acknowledge and accept these limitations.

For privacy-related inquiries, please review our Privacy Policy or contact us directly.

2. SMS and MMS Communications

By submitting your phone number through our website forms, chat tools, lead forms, CRM systems, customer intake forms, or other communication channels, you consent to receive conversational text messages, appointment notifications, customer support communications, account-related messages, service updates, and occasional marketing messages from High Impact Dealer.

Consent is not a condition of purchase.

Message frequency varies depending on customer interaction, account activity, support requests, project status, and service needs.

You can cancel SMS service at any time by texting “STOP.” After you send “STOP,” we will confirm your unsubscribe status by SMS. After confirmation, you will no longer receive SMS messages from us unless you rejoin or initiate further communication.

If you need help with the messaging program, reply with the keyword “HELP” or contact us directly at info@highimpactdealer.com or (888) 443-5086.

Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for messages sent to you from us and to us from you. For questions about your text or data plan, contact your wireless provider.

3. Orders, Payments, and Fraud Prevention

All orders, projects, subscriptions, service requests, purchases, and client engagements are subject to acceptance by High Impact Dealer at our sole discretion.

We reserve the right to refuse, limit, cancel, delay, suspend, or terminate any order, project, subscription, or service request for any lawful reason, including suspected fraud, unauthorized transactions, pricing errors, abusive behavior, chargeback threats, misuse of promotional offers, failure to provide required information, failure to verify account ownership, non-payment, or conduct that creates operational, legal, security, or reputational risk.

If payment has already been processed for an order or service that is later canceled by High Impact Dealer before work has begun, we may issue a refund in the same form of payment originally used unless otherwise required by law, contract, or written agreement.

Chargebacks or payment disputes initiated without first making a reasonable effort to resolve the matter directly with High Impact Dealer may result in immediate suspension of services, website downtime, account restrictions, removal of licensed tools, interruption of hosting, and additional collection actions where permitted by law.

Client agrees to reimburse High Impact Dealer for chargeback fees, collection costs, legal expenses, and reasonable administrative time associated with disputed payments, unauthorized disputes, or bad-faith payment reversals where permitted by law.

4. Recurring Billing and Subscription Services

By enrolling in recurring services, monthly hosting, maintenance plans, marketing retainers, CRM services, subscription-based services, software licensing, or any service billed on a recurring basis, client authorizes High Impact Dealer to automatically charge the payment method on file on a recurring basis until services are canceled in accordance with the applicable agreement.

Recurring billing may apply to website hosting, website maintenance, SEO services, SEM services, social media marketing, email marketing, CRM services, software licensing, support plans, website management, and other ongoing services.

Recurring invoices or subscription services must be canceled in writing before the next billing cycle. Partial billing periods are not prorated unless otherwise stated in writing.

Failure to maintain valid payment information may result in suspension or termination of services, website downtime, removal of licensed tools, loss of access to active services, interruption of marketing systems, and loss of access to hosted services.

Client remains responsible for all charges incurred before the effective cancellation date.

5. Website Content, Pricing, and Inventory Accuracy

High Impact Dealer and its clients make reasonable efforts to ensure the accuracy of website content, pricing, specifications, product information, financing details, inventory status, promotions, rebates, and availability. However, errors, delays, inaccuracies, outdated information, feed issues, or incomplete information may occur.

Inventory levels, pricing, payment estimates, specifications, rebates, financing offers, freight charges, setup fees, promotions, product availability, and related information may change at any time and should be independently verified with the dealership, manufacturer, distributor, or business before purchase.

Website information does not constitute a binding offer unless expressly stated in a separate written agreement.

High Impact Dealer is not responsible for losses, misunderstandings, claims, disputes, or damages resulting from inaccurate, delayed, incomplete, or outdated information supplied by manufacturers, distributors, inventory systems, DMS providers, third-party feeds, financing providers, payment systems, or clients.

6. Refund Policy

Due to the custom, labor-intensive, and service-based nature of digital marketing, website design, development, hosting, CRM, software configuration, and related services, fees paid are generally non-refundable once work, onboarding, setup, licensing, planning, provisioning, hosting allocation, strategy, configuration, or service delivery has begun, unless otherwise required by law or agreed in writing by High Impact Dealer.

High Impact Dealer provides custom website design, website development, hosting setup, CRM configuration, SEO, SEM, social media marketing, email marketing, integrations, consulting, digital strategy, software setup, support, and related digital services that require dedicated time, labor, planning, software licensing, server allocation, onboarding, setup, and custom configuration.

Work on projects and services often begins immediately after payment, approval, onboarding, account setup, or client authorization. Because of this, refunds are generally not provided for completed work, partially completed work, active services, setup fees, retainers, labor, development time, strategy, consulting, software licensing, hosting allocations, or custom deliverables.

Non-refundable services and fees may include, but are not limited to:

  • Website design and development
  • Custom programming or integrations
  • SEO services
  • SEM and paid advertising services
  • Social media marketing services
  • Email marketing services
  • CRM setup and automation services
  • Hosting services
  • Setup and onboarding fees
  • Monthly service retainers
  • Consulting and strategy services
  • Digital products or downloadable assets
  • Custom graphics, layouts, or branding work
  • Labor already performed
  • Software licensing or third-party costs already incurred

If a client cancels services after work has started, High Impact Dealer reserves the right to retain payment for all work performed, time spent, resources allocated, licensing costs incurred, hosting resources provisioned, third-party costs incurred, and services rendered up to the cancellation date.

Refund requests related to billing errors must be submitted in writing within seven (7) days of the original charge date.

Any approved refund, full or partial, is issued solely at High Impact Dealer’s discretion unless otherwise required by law or written agreement.

Any product, file, asset, or deliverable returned or submitted without prior authorization will not be processed.

7. Website Services, Hosting, Marketing, and CRM Services

High Impact Dealer provides website design, development, hosting, maintenance, SEO, SEM, social media marketing, email marketing, CRM services, integrations, support, and related digital services. Specific services included for each client are determined by the signed agreement, proposal, invoice, written scope of work, or service-specific agreement.

If a service, feature, deliverable, integration, function, or expectation is not explicitly listed in writing, it is not included and is not implied.

Verbal discussions, informal messages, marketing material, examples, past work, assumptions, industry norms, or prior projects do not expand the scope of services unless approved in writing by High Impact Dealer.

8. Limited Website Access

Clients may be granted limited, role-appropriate access to their website, typically WordPress Editor, Shop Manager, or similar restricted access. Full administrative access is restricted to High Impact Dealer staff unless otherwise approved in writing.

This access limitation helps protect site stability, server security, plugin licensing, shared infrastructure, proprietary tools, custom configurations, and network-wide systems that may affect multiple websites managed by High Impact Dealer.

High Impact Dealer may revoke, restrict, or adjust client access if access is misused, creates security risk, causes site instability, violates licensing requirements, or interferes with managed services.

9. FTP, cPanel, and Administrative Access

FTP access is not provided to clients unless approved in writing by High Impact Dealer. All file-level changes are performed by High Impact Dealer to maintain server security, prevent malware injection, protect shared infrastructure, preserve licensing requirements, and avoid conflicts with managed systems.

cPanel, server, database, root, hosting panel, and infrastructure-level access are not provided to clients unless expressly approved in writing. Hosting is managed on High Impact Dealer infrastructure, and direct server access may create security, licensing, support, and stability risks for all sites on the server.

Admin-level WordPress access, plugin installation, theme installation, code editing, server-side scripting, and direct database access are reserved for High Impact Dealer unless otherwise approved in writing.

10. Ownership and Intellectual Property

Client owns the content they provide, including their text, product data, images, videos, logos, brand assets, trademarks, domain name, and other materials, provided they have the legal right to use those materials.

High Impact Dealer retains ownership of its underlying website framework, custom plugins, themes, code, design systems, proprietary tools, workflows, templates, processes, systems, documentation, automations, layouts, internal methods, reusable components, and any tools developed, licensed, or configured for use across the High Impact Dealer client network.

Client’s right to use High Impact Dealer-owned or High Impact Dealer-licensed systems, tools, plugins, themes, code, workflows, and platform features is tied to an active service agreement.

Unauthorized copying, reproduction, redistribution, resale, reverse engineering, code extraction, scraping, transfer, cloning, or reuse of High Impact Dealer’s work, systems, code, tools, layouts, content structures, custom configurations, or proprietary processes is strictly prohibited.

Any third-party trademarks, logos, software, plugins, themes, brand names, or licensed systems displayed or used on this website or client websites remain the property of their respective owners.

11. What’s Included

Unless otherwise stated in a written agreement, standard High Impact Dealer website service may include:

  • Standard hosting on High Impact Dealer-managed infrastructure
  • Routine WordPress, theme, and plugin updates
  • Routine backups
  • Security monitoring
  • Basic uptime monitoring
  • Standard product data feed integration where applicable
  • Routine content updates within the existing site structure
  • Text edits
  • Image swaps
  • Product additions or edits using existing fields
  • Basic technical support during stated business hours
  • Use of High Impact Dealer-licensed plugins and tools while the agreement is active

Included services are limited to the scope specifically stated in the applicable written agreement, proposal, invoice, or service plan.

12. What’s Not Included

Anything not explicitly listed under “What’s Included” or in a written agreement is not included. This may include, but is not limited to:

  • Custom design or development work
  • Recreating Photoshop, Illustrator, AI-generated, or print designs as responsive web pages
  • New WordPress plugin development
  • Chrome extensions
  • Custom WooCommerce features beyond standard configuration
  • Third-party API integrations beyond standard supported feeds
  • Custom DMS integrations beyond standard supported feeds
  • Server-level work or infrastructure changes
  • Website migrations
  • Bulk imports or exports beyond standard CSV drops
  • SEO campaigns
  • Content writing
  • Marketing campaigns
  • Accessibility, ADA, WCAG, or ARIA remediation
  • Custom forms
  • Custom financing flows
  • Payment processing modifications
  • Custom admin dashboards or reporting tools
  • Standalone HTML, PHP, JavaScript, or software tools
  • AI or LLM integrations
  • Custom prompts or AI workflows
  • After-hours support unless agreed in writing
  • Emergency support unless agreed in writing

Additional work must be quoted and approved separately before work begins.

13. Initial Setup Coverage

Unless otherwise stated in writing, initial website setup may include domain connection, base theme installation, standard plugin suite setup, product feed connection where applicable, basic page structure, basic configuration, and one round of training.

Initial setup does not include custom design, content writing, product photography, SEO optimization, historical data migration, recreation of externally-designed assets, advanced integrations, custom functionality, or custom software development unless specifically scoped in writing.

14. Turnaround Times

Turnaround times depend on the service plan, project scope, workload, client responsiveness, request clarity, third-party response times, and whether High Impact Dealer has received complete and usable materials.

Standard support requests are typically responded to within one (1) to two (2) business days unless otherwise stated in the client agreement.

Routine content or product updates are typically completed within three (3) to five (5) business days after High Impact Dealer receives complete, clear, and usable materials.

Urgent issues, such as a website being down or checkout being broken, receive priority response during business hours.

Custom development requests are quoted separately with project-specific timelines.

Holidays, weekends, and after-hours requests fall outside standard turnaround windows unless otherwise agreed in writing.

Turnaround times are estimates and are measured from receipt of complete, clear, and usable materials. Incomplete, unclear, changing, or delayed requests may delay the work and reset the turnaround window.

15. Client Responsibilities

Client is responsible for providing accurate, complete, and usable content, product data, images, pricing, specifications, financing information, account access, approvals, login credentials, legal disclosures, and other materials needed to perform services.

Client is responsible for maintaining timely payment of all fees, communicating clearly through approved channels, responding to High Impact Dealer inquiries, using site access responsibly, maintaining required third-party accounts, and reviewing deliverables, website content, pricing, offers, and marketing materials for accuracy.

This includes accounts for domain registrars, DMS providers, inventory systems, CRMs, payment processors, advertising platforms, Google Business Profile, analytics platforms, email systems, manufacturers, financing providers, communication tools, and other third-party services.

Client is responsible for ensuring that all business information, legal disclosures, financing language, product claims, offers, rebates, warranties, pricing, and advertising content comply with applicable laws, regulations, manufacturer requirements, lender requirements, and industry standards.

16. High Impact Dealer Responsibilities

High Impact Dealer is responsible for providing services within the written scope of work, maintaining reasonable hosting reliability, applying routine security and software updates where applicable, providing support within stated turnaround windows, maintaining reasonable site performance and security, communicating planned maintenance when practical, and safeguarding client data using reasonable industry practices.

High Impact Dealer does not guarantee uninterrupted service, error-free operation, specific website performance, specific marketing outcomes, protection from every cyber threat, or compatibility with all future third-party software, platform, browser, API, plugin, manufacturer, or vendor changes.

17. Self-Service Discount Option

Some clients may choose to handle their own content edits, product updates, or website changes through their WordPress login in exchange for a discounted monthly rate or reduced service arrangement.

Under this option, High Impact Dealer is not responsible for content errors, product data accuracy, broken layouts, image quality, incorrect pricing, deleted content, formatting problems, plugin conflicts, SEO issues, broken links, or issues introduced by client edits.

Repairs, cleanup, restoration, troubleshooting, or corrections caused by client edits may be billed at High Impact Dealer’s standard hourly rate.

18. Website Maintenance

High Impact Dealer performs ongoing maintenance, which may include WordPress core updates, plugin updates, theme updates, security monitoring, basic uptime checks, and routine backups, depending on the applicable service plan.

Maintenance does not include performance audits, SEO work, content reviews, accessibility audits, custom development, malware cleanup caused by client actions, repairs caused by third-party access, repairs caused by unauthorized changes, or repairs caused by external vendors unless separately scoped.

Software updates, plugin updates, theme updates, and system changes may occasionally create compatibility issues, visual changes, errors, or conflicts. High Impact Dealer will make reasonable efforts to address issues within the applicable scope of service, but custom repairs or major rebuilds may require separate approval and billing.

19. Plugin Licensing and Use

Many plugins, tools, themes, systems, software products, automations, templates, and integrations used on client websites are licensed to High Impact Dealer for use across its client network.

Client’s right to use these plugins, tools, themes, systems, and related functionality is tied to an active service agreement.

Upon termination, cancellation, non-payment, migration, or transfer away from High Impact Dealer, High Impact Dealer-licensed plugins, tools, themes, systems, templates, automations, and related functionality may be removed, disabled, disconnected, deactivated, or no longer updated.

Client is responsible for sourcing, purchasing, configuring, and maintaining replacements if they wish to retain similar features after termination or migration.

20. Pricing and Fees

Fees reflect the cost of hosting infrastructure, plugin and software licensing, ongoing development of High Impact Dealer tools, security monitoring, uptime monitoring, technical support staffing, platform improvements, managed services, software systems, and access to systems that benefit High Impact Dealer-managed websites.

Pricing is not based solely on individual site usage. It is based on access to the High Impact Dealer platform, support structure, licensed systems, managed services, staff availability, and ongoing infrastructure.

Prices, service packages, included features, software access, support terms, and service availability may change with notice unless otherwise restricted by a written agreement.

High Impact Dealer may modify pricing, billing structures, package inclusions, or service plans as business, operational, vendor, software, licensing, infrastructure, or legal needs require.

21. Suspension for Non-Payment

If payment is not received by the due date, High Impact Dealer reserves the right to suspend services after reasonable notice attempts, unless immediate suspension is necessary due to fraud, chargebacks, security risk, abusive conduct, unauthorized activity, or other serious account issues.

A suspended website may not be publicly accessible and may display a holding page, restricted access notice, server error, or other suspension-related message.

Suspension may affect website access, hosting, email-related services, CRM functionality, marketing campaigns, tracking, integrations, licensed tools, support, and other active services.

Continued non-payment may result in permanent termination, removal of licensed tools, cancellation of services, deletion of data, and collection action after a reasonable grace period or as permitted by the applicable agreement.

22. Reactivation After Suspension

A suspended site or service may be reactivated after payment of all outstanding balances, late fees, chargeback costs, collection costs, and any applicable reactivation fee.

Reactivation is typically completed within one (1) to two (2) business days after cleared payment, although timing may vary depending on workload, account status, technical requirements, third-party systems, and the length of suspension.

High Impact Dealer is not responsible for SEO ranking loss, lost sales, lost leads, advertising disruption, customer complaints, data loss, platform interruption, email disruption, or business impact during the suspension period.

23. SEO Impact of Suspension

A suspended website may be unavailable to both visitors and search engine crawlers.

Extended suspension may result in loss of search engine rankings, removal from search indexes, reduced traffic, broken ad campaigns, lost leads, reduced domain authority, and loss of accumulated SEO value.

Recovery after reactivation is not guaranteed and may take weeks, months, or longer.

High Impact Dealer is not liable for SEO loss, lead loss, revenue loss, traffic loss, ranking loss, advertising disruption, or business impact caused by client non-payment, account suspension, or service interruption resulting from payment issues.

24. SEO Impact When Moving Away

If client terminates service and moves to another provider, SEO performance may be affected by hosting changes, URL changes, missing redirects, removal of High Impact Dealer-licensed plugins, loss of High Impact Dealer-developed functionality, theme changes, content changes, sitemap changes, tracking changes, website speed changes, technical configuration changes, or improper migration by the new provider.

High Impact Dealer is not responsible for SEO loss, ranking drops, traffic loss, broken links, lost leads, lost revenue, tracking loss, analytics disruption, conversion loss, or business impact resulting from migration away from High Impact Dealer.

Client is responsible for ensuring their new provider properly handles redirects, sitemap migration, analytics, tracking, URL structure, metadata, schema, DNS, technical continuity, hosting configuration, and search engine requirements.

25. SEO, SEM, Social Media, Email Marketing, and CRM Services

SEO campaigns, SEM campaigns, paid advertising, social media marketing, email marketing, CRM setup, CRM automation, lead nurturing, reporting, content strategy, keyword research, link building, Google Business Profile management, ranking reports, and ongoing optimization are not included in standard website or hosting services unless specifically listed in writing.

Marketing services are affected by many outside factors, including competition, budget, seasonality, customer demand, platform algorithms, search engine changes, ad approval policies, account history, website quality, offer strength, client follow-up speed, inventory availability, pricing, reputation, market conditions, and third-party platform rules.

High Impact Dealer does not guarantee specific rankings, ad placements, traffic levels, lead volume, sales, conversion rates, revenue, return on ad spend, inbox placement, email open rates, CRM performance, campaign profitability, or business outcomes.

Client is responsible for complying with applicable advertising, email, SMS, privacy, financing, promotional, manufacturer, lender, and industry-specific laws related to their business, offers, claims, pricing, promotions, and customer communications.

26. Third-Party Services and Platforms

Many High Impact Dealer services rely on third-party software, hosting companies, APIs, advertising platforms, payment processors, CRM systems, domain registrars, inventory providers, email platforms, analytics tools, communication services, manufacturers, DMS providers, plugin developers, and other third-party vendors.

High Impact Dealer is not responsible for outages, policy changes, pricing changes, suspensions, discontinued features, API limitations, account restrictions, approval delays, rejected ads, deliverability issues, data feed errors, inventory feed interruptions, plugin conflicts, vendor failures, or service failures caused by third-party providers.

Client understands that third-party services may modify functionality, pricing, terms, access levels, approval processes, or technical requirements at any time, sometimes without notice.

High Impact Dealer may need to modify, replace, suspend, or discontinue certain services, features, plugins, integrations, or workflows due to third-party changes, vendor requirements, security concerns, pricing changes, or technical limitations.

27. Client Content and Legal Responsibility

Client is solely responsible for all content, product claims, pricing, images, videos, financing language, promotional material, legal disclosures, offers, warranties, rebates, inventory data, manufacturer claims, reviews, testimonials, and other information provided, approved, requested, or authorized for use on the website or in marketing campaigns.

Client represents that they have the legal right to use all submitted content, trademarks, logos, images, videos, product data, business information, advertising claims, and materials.

High Impact Dealer is not responsible for copyright violations, trademark disputes, false advertising claims, regulatory violations, financing compliance issues, ADA claims, privacy claims, SMS compliance issues, email compliance issues, manufacturer disputes, lender disputes, or legal disputes arising from client-provided materials, client-approved materials, offers, claims, data, or instructions.

Client agrees to indemnify, defend, and hold harmless High Impact Dealer, its owners, employees, contractors, affiliates, vendors, licensors, and service providers from any claims, damages, liabilities, legal fees, expenses, fines, penalties, or losses arising from materials, claims, data, offers, approvals, or instructions supplied, requested, or approved by the client.

28. Accessibility

Unless specifically included in a written scope of work, accessibility audits, ADA compliance reviews, WCAG compliance reviews, ARIA remediation, legal accessibility compliance, and ongoing accessibility monitoring are not included in standard website, hosting, maintenance, or marketing services.

High Impact Dealer may make reasonable efforts to follow common web usability practices, but High Impact Dealer does not guarantee that any website, content, plugin, third-party tool, theme, embedded widget, document, PDF, video, image, client-provided material, or third-party integration fully complies with accessibility laws, regulations, or standards.

Client acknowledges that accessibility compliance is an ongoing process requiring regular review, testing, content oversight, legal evaluation, technical updates, and third-party monitoring, none of which are included unless specifically stated in writing.

29. Backups and Data Responsibility

While High Impact Dealer may perform routine backups as part of certain hosting or maintenance services, no backup system is guaranteed. Backups may fail, become corrupted, be incomplete, be overwritten, become unavailable, or be limited by server conditions, software errors, storage limitations, malware, client actions, third-party failures, or other technical issues.

Client is responsible for maintaining independent backups of critical business information, website content, product data, customer records, emails, files, media, databases, account information, and any information necessary for business continuity.

High Impact Dealer shall not be liable for lost data, incomplete backups, corrupted backups, restoration failures, unavailable backups, data recovery limitations, deleted files, lost emails, lost website content, or business impact resulting from data loss.

30. Email Services and Deliverability

If High Impact Dealer assists with email-related services, DNS records, email routing, forms, website notifications, CRM messages, or third-party communication systems, client understands that email delivery depends on third-party providers, DNS settings, spam filters, authentication records, user behavior, sender reputation, blacklists, recipient servers, and platform policies.

High Impact Dealer does not guarantee email deliverability, inbox placement, uninterrupted email access, spam filtering accuracy, form notification delivery, CRM message delivery, or protection from all email-related outages, blacklisting events, phishing attacks, spoofing attempts, spam issues, or third-party mail service failures.

Client is responsible for maintaining access to their email accounts, reviewing spam and junk folders, monitoring business communications, and maintaining any email systems or providers not directly managed by High Impact Dealer.

31. Security

High Impact Dealer uses reasonable security practices for managed websites and services. However, no website, hosting environment, software system, plugin, theme, server, network, email system, CRM, or third-party platform can be guaranteed fully secure or immune from attack.

Client understands that websites and digital systems may be affected by malware, ransomware, brute force attempts, phishing attacks, credential theft, plugin vulnerabilities, software bugs, server issues, third-party breaches, client user actions, weak passwords, or other cyber threats.

High Impact Dealer is not responsible for security breaches, malware, data loss, downtime, unauthorized access, account compromise, or business impact caused by client actions, third-party access, weak credentials, reused passwords, compromised email accounts, client-installed tools, third-party vendors, or factors outside High Impact Dealer’s reasonable control.

32. No Warranty

All services, software, websites, hosting environments, plugins, integrations, marketing campaigns, SEO services, advertising services, CRM systems, consulting, support, and related deliverables 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 law.

High Impact Dealer makes no guarantees regarding uninterrupted availability, error-free operation, search engine rankings, advertising performance, lead generation results, conversion rates, compatibility with third-party platforms, protection from all security threats, complete data retention, or uninterrupted access to hosted services.

Client acknowledges that internet technologies, search engine algorithms, advertising platforms, hosting environments, browsers, third-party software, APIs, plugins, and vendor systems continuously change and may impact performance, functionality, visibility, compatibility, or availability over time.

33. Limitation of Liability

To the fullest extent permitted by law, High Impact Dealer, its owners, employees, contractors, affiliates, licensors, vendors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or business-related damages arising from the use of our websites, hosting services, software, marketing services, advertising campaigns, SEO services, CRM systems, integrations, support, consulting, or related products and services.

This includes, but is not limited to:

  • Loss of revenue or profits
  • Loss of leads or sales
  • Search engine ranking fluctuations or SEO loss
  • Advertising performance issues
  • Account suspensions by third-party platforms
  • Data loss or corruption
  • Website downtime
  • Email delivery issues
  • Lead tracking inaccuracies
  • Business interruption
  • Third-party software failures
  • Security breaches caused by third-party services, client actions, or factors outside High Impact Dealer’s reasonable control
  • Lost customer communications
  • Lost marketing performance
  • Migration-related issues
  • Service interruptions caused by non-payment or suspension

High Impact Dealer does not guarantee specific rankings, traffic levels, lead volume, sales performance, advertising results, conversion rates, revenue, profitability, or business outcomes.

In all cases, High Impact Dealer’s total liability for any claim shall not exceed the total amount paid by the client to High Impact Dealer under the applicable service agreement during the six (6) months immediately preceding the event giving rise to the claim, unless a lower amount is required or permitted by applicable law or written agreement.

34. Third-Party Links

This website or client websites may contain links to third-party websites, services, tools, payment systems, financing providers, manufacturer websites, social platforms, inventory systems, or external resources.

High Impact Dealer is not responsible for the content, policies, accuracy, availability, security, privacy practices, pricing, claims, or business practices of third-party websites or services.

Accessing third-party links is done at your own risk.

35. Force Majeure

High Impact Dealer shall not be liable for delays, interruptions, failures, data loss, or inability to perform services caused by events beyond its reasonable control.

This includes, but is not limited to:

  • Natural disasters
  • Power outages
  • Internet or telecommunications failures
  • Cyberattacks or ransomware incidents
  • Hosting provider outages
  • Third-party software failures
  • Domain or DNS issues
  • Government actions or regulations
  • Labor shortages or contractor failures
  • Supply chain disruptions
  • Search engine algorithm changes
  • Advertising platform changes or suspensions
  • Payment processor issues
  • Vendor outages
  • Public health emergencies
  • War, terrorism, civil unrest, or similar events

During such events, High Impact Dealer’s obligations shall be suspended for the duration of the disruption.

36. Service Termination and Offboarding

Either party may terminate ongoing services in accordance with the applicable written agreement. If no specific termination procedure is stated in a written agreement, client must provide written cancellation notice before the next billing cycle.

Upon termination, client is responsible for securing replacement hosting, software licensing, domain management, email services, integrations, third-party tools, CRM access, marketing accounts, and any systems needed to continue business operations.

High Impact Dealer may remove, disable, disconnect, or withhold access to High Impact Dealer-licensed plugins, proprietary systems, themes, tools, templates, automations, hosting access, software licenses, custom workflows, and managed services upon termination, cancellation, migration, or non-payment.

Unless otherwise agreed in writing, High Impact Dealer is not responsible for indefinite data retention following termination and may permanently delete website files, backups, databases, emails, staging sites, account data, or hosted materials after a reasonable retention period.

Offboarding, migration support, file packaging, database exports, DNS changes, redirect mapping, plugin replacement, technical consulting, or coordination with a new provider may be billed separately unless specifically included in a written agreement.

37. Dispute Resolution, Arbitration, and Class Action Waiver

Before filing any legal claim, client agrees to first make a reasonable good-faith effort to resolve the dispute directly with High Impact Dealer by providing written notice of the issue and allowing High Impact Dealer a reasonable opportunity to respond.

To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, High Impact Dealer’s services, billing, website use, hosting, marketing services, software, support, or related business relationship shall be resolved through binding arbitration in the State of Florida, rather than in court, except where prohibited by law or where High Impact Dealer seeks injunctive or equitable relief related to intellectual property, unauthorized access, misuse of systems, non-payment, or protection of confidential or proprietary information.

Each party agrees to bring claims only in an individual capacity and not as a plaintiff or class member in any class action, collective action, representative action, or similar proceeding.

The arbitrator may award reasonable attorney fees, costs, and expenses to the prevailing party where permitted by law, contract, or applicable arbitration rules.

38. Governing Law, Venue, and Jurisdiction

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Subject to the dispute resolution and arbitration provisions above, any legal action, claim, or dispute arising out of or relating to these Terms, our services, or use of this website shall be brought exclusively in the state or federal courts located in the State of Florida, and all parties consent to the jurisdiction and venue of such courts.

39. Complete Agreement and Scope Disclaimer

These Terms and Conditions, together with any signed agreement, proposal, invoice, written scope of work, privacy policy, service-specific agreement, or written addendum, represent the complete understanding between High Impact Dealer and the client regarding the services provided.

Any service, feature, deliverable, integration, function, support expectation, access level, or result not explicitly stated in writing is not included and is not implied, regardless of prior verbal discussion, email correspondence, text messages, marketing material, examples, assumptions, past work, or industry norms.

If any portion of these Terms and Conditions conflicts with a signed written agreement between High Impact Dealer and the client, the signed written agreement will control only as to the specific conflicting provision.

If any provision of these Terms and Conditions is found to be unenforceable, invalid, or unlawful, the remaining provisions shall remain in full force and effect.

40. Service Modifications and Updates

High Impact Dealer reserves the right to modify, update, suspend, replace, limit, or discontinue any portion of its services, products, hosting environments, software integrations, pricing structures, features, functionality, service plans, support processes, workflows, tools, or policies at any time as business, security, operational, technological, vendor, licensing, or legal needs require.

While we make reasonable efforts to provide advance notice when practical, certain updates, maintenance actions, security improvements, third-party platform changes, infrastructure upgrades, vendor requirements, licensing changes, emergency fixes, or operational modifications may occur without prior notice.

Continued use of High Impact Dealer services following any modification constitutes acceptance of those changes. Clients are responsible for periodically reviewing these Terms and Conditions and related policies for updates.

High Impact Dealer shall not be held liable for modifications, interruptions, feature changes, third-party platform limitations, pricing changes, software changes, service adjustments, or discontinuation of services made in good faith as part of normal business operations, system improvements, security protection, vendor requirements, licensing requirements, or evolving technology standards.

Last Modified: May 15, 2026