Terms of Use

Last updated: November 1, 2026

Welcome to Higgens Media. These Terms of Use ("Terms") explain the conditions for accessing and using our website, higgensmedia.com (the "Website").

The Website is owned and operated by Higgens Company, LLC, doing business as Higgens Media ("Higgens Media," "we," "us," or "our"), an Indiana limited liability company.

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

1. Use of Our Website

Our Website provides information about Higgens Media, our services, experience, projects, and other resources related to website development, digital marketing, video production, hosting, and communications.

You may use the Website for lawful personal, informational, and business purposes.

You agree not to use the Website in any way that violates applicable law, interferes with its operation, compromises its security, or infringes upon the rights of Higgens Media or others.

We reserve the right to restrict or discontinue access to the Website when reasonably necessary to protect our systems, visitors, or business operations.

2. Our Services and Client Agreements

Higgens Media provides professional services, including website design and development, website hosting and maintenance, digital advertising, search engine optimization, branding, video production, podcast production, and related consulting and marketing services.

Information presented on our Website is intended to describe our capabilities and does not constitute a binding offer to provide services.

Services are generally customized to the needs of each client. Project scope, pricing, payment schedules, deliverables, timelines, intellectual property rights, cancellation provisions, and other service-specific terms may be established through written proposals, statements of work, service agreements, or other written arrangements.

When a separate written agreement exists between Higgens Media and a client, that agreement governs the services covered by it and takes precedence over these Website Terms to the extent of any conflict.

Submitting an inquiry, requesting an estimate, or contacting us does not create a client relationship or obligate either party to enter into a service agreement.

We reserve the right to accept or decline service requests at our discretion, subject to applicable law.

3. Pricing, Payments, and Billing

Pricing for Higgens Media services may vary depending on project requirements, service levels, complexity, and other factors.

Any prices or examples displayed on our Website are informational unless expressly identified as a binding offer.

Where online payments are available, we use Stripe as our payment processing provider. Payment transactions may be subject to Stripe's applicable terms and policies.

By submitting a payment, you represent that you are authorized to use the selected payment method and that the payment information provided is accurate.

Invoices, payment deadlines, deposits, retainers, and other financial arrangements are governed by the applicable proposal, invoice, service agreement, or terms presented during the transaction.

Unless otherwise stated, quoted prices may exclude applicable taxes and third-party charges.

4. Recurring Services, Renewals, and Cancellations

Certain Higgens Media services, such as website hosting, maintenance, or ongoing marketing support, may involve recurring payments.

The billing frequency, renewal terms, cancellation requirements, and any applicable minimum commitments for those services will be disclosed in the relevant agreement or purchasing process.

If a service renews automatically, its recurring charges and cancellation terms will be disclosed before the arrangement is established.

Cancellations and refunds are handled according to the applicable service agreement and any requirements of law.

These Website Terms do not independently establish a blanket no-refund policy or override cancellation rights provided under a separate written agreement or applicable law.

To inquire about canceling a service, contact contact@higgensmedia.com.

5. Intellectual Property

Unless otherwise indicated, the Website and its original content, including text, graphics, designs, illustrations, videos, branding, logos, software, and other materials, are owned by Higgens Company, LLC or used with permission from their respective owners.

These materials are protected by applicable copyright, trademark, and other intellectual property laws.

You may access, view, and share links to our Website for lawful informational purposes. You may not reproduce, republish, redistribute, sell, license, or commercially exploit our original content without prior written permission, except as permitted by law.

The Higgens Media name, logo, and associated branding may not be used in a manner that implies sponsorship, endorsement, or affiliation without our permission.

Portfolio and Client Work

Our Website may feature projects, case studies, client names, trademarks, photographs, videos, and other examples of completed work.

Certain materials may belong to Higgens Media, our clients, or third-party rights holders. Their appearance on our Website does not grant visitors permission to reproduce or use them.

Ownership and usage rights associated with commissioned client work are determined by the applicable service agreement.

6. Information You Submit

When you submit a contact form, request a proposal, or otherwise communicate with us through the Website, you agree to provide information that is accurate to the best of your knowledge.

You are responsible for ensuring that materials you submit do not violate applicable laws or the intellectual property, privacy, or other rights of third parties.

You retain ownership of materials you provide to us. By submitting them, you grant Higgens Media a limited, non-exclusive right to review, store, and use those materials as reasonably necessary to respond to your inquiry, evaluate a potential project, or provide requested services.

Submitting information through the Website does not grant Higgens Media unrestricted ownership or publication rights over your materials.

Unless appropriate confidentiality arrangements are in place, please avoid submitting highly sensitive, confidential, or regulated information through general website contact forms.

Information submitted through the Website is also handled according to our Privacy Policy.

7. Website Accounts and Security

Certain features or services may require an authorized account or login.

If account access is provided, you are responsible for maintaining the confidentiality of your credentials and taking reasonable steps to prevent unauthorized access.

You agree to notify us promptly if you become aware of unauthorized activity involving your account.

We may suspend or restrict account access when reasonably necessary to address suspected misuse, security incidents, or violations of these Terms, subject to any applicable service agreement.

8. Prohibited Activities

You agree not to:

Attempt to access restricted areas, accounts, servers, or systems without authorization.
Introduce malicious software, viruses, or other harmful code.
Interfere with the Website's availability, security, or functionality.
Attempt to bypass authentication, security controls, or access restrictions.
Use automated systems to excessively scrape, extract, or collect Website content in a manner that violates applicable law, access restrictions, or these Terms.
Impersonate Higgens Media, its representatives, or another person or organization.
Submit fraudulent inquiries, spam, or misleading information.
Infringe upon the intellectual property, privacy, or other rights of others.
Use the Website for unlawful, abusive, deceptive, or harmful activities.

These restrictions do not prohibit lawful activities protected by applicable law or ordinary search engine indexing permitted by our Website's published technical directives.

9. Website Information and Results

We make reasonable efforts to keep information on our Website accurate and current. However, we do not guarantee that all information will be complete, error-free, or continuously up to date.

Descriptions of services, project examples, case studies, testimonials, and other information are intended to illustrate our experience and capabilities.

Past results do not guarantee future outcomes.

Marketing performance, search rankings, advertising results, website traffic, conversion rates, and similar outcomes can be affected by factors beyond our control.

Any specific performance commitments or warranties associated with paid services must be established through the applicable service agreement.

10. Privacy and Cookies

Your privacy is important to us.

Our collection, use, and disclosure of personal information are described in our Privacy Policy.

Our Website may use cookies and similar technologies for functionality, analytics, and marketing purposes, including services provided by Google Analytics and StatCounter.

Visitors can review available tracking preferences and opt-out options through the Privacy Choices feature on our Website.

Use of the Website is subject to applicable privacy laws and the choices described in our Privacy Policy.

11. Third-Party Websites and Services

Our Website may include links to external websites, videos, applications, payment services, and other resources operated by third parties.

These may include social media platforms, analytics services, payment processors, and other online services.

Higgens Media does not control independently operated third-party websites and is not responsible for their content, availability, security, or privacy practices.

Links are provided for convenience or informational purposes and do not necessarily imply endorsement.

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

12. Website Availability and Changes

We work to maintain a functional, secure, and accessible Website. However, temporary interruptions may occur due to maintenance, software updates, technical problems, security incidents, or other circumstances.

We may modify, update, suspend, or discontinue Website content and functionality at any time.

We do not guarantee uninterrupted availability or that the Website will be free from all errors, vulnerabilities, or technical issues.

These provisions concern the public Website and do not replace any uptime, support, or service commitments made under a separate client agreement.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Higgens Media disclaims warranties regarding the Website's availability, accuracy, completeness, reliability, fitness for a particular purpose, and freedom from errors or interruptions, to the extent such disclaimers are permitted by law.

Nothing in this section excludes warranties expressly provided in a separate written service agreement or rights that cannot lawfully be waived.

14. Limitation of Liability

To the fullest extent permitted by applicable law, Higgens Company, LLC and its owners, employees, contractors, and representatives will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or relating to the use of, or inability to use, the public Website.

This includes, where legally permissible, losses resulting from Website interruptions, errors, reliance on Website content, or third-party websites linked from the Website.

To the extent permitted by law, our aggregate liability arising solely from use of the public Website will not exceed $100.

This limitation applies to the public Website and does not replace or reduce liability obligations established under a separate written client agreement.

Nothing in these Terms limits liability that cannot legally be excluded or restricted.

15. Copyright and Infringement Concerns

We respect the intellectual property rights of others and expect visitors to do the same.

If you believe that material appearing on our Website infringes your copyright or other intellectual property rights, please contact us with sufficient information to identify the material and explain your concern.

Identification of the copyrighted work or other intellectual property involved.
Identification of the allegedly infringing material and its location on our Website.
Your name and contact information.
A statement explaining your ownership or authorization to act on behalf of the rights holder.
A description of the alleged infringement.

Notices may be sent to contact@higgensmedia.com with the subject line "Copyright Infringement Notice."

We will review properly submitted concerns and take appropriate action as required by applicable law.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Higgens Company, LLC and its representatives from third-party claims, damages, and reasonable expenses arising directly from your unlawful use of the Website, your infringement of another party's rights, or your material violation of these Terms.

This provision does not require you to indemnify Higgens Media for claims arising from our own unlawful conduct or negligence to the extent prohibited by applicable law.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict-of-law principles, except where mandatory laws provide otherwise.

Any legal dispute arising solely from these Website Terms will be brought before a court of competent jurisdiction in Indiana, subject to applicable jurisdictional and consumer protection requirements.

Disputes concerning services performed under a separate written agreement will be governed by the dispute resolution and governing law provisions of that agreement, if any.

Before initiating formal proceedings, we encourage parties to contact us to explore a reasonable resolution.

18. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

Our failure to enforce a particular provision does not constitute a waiver of our right to enforce that provision in the future.

These Terms, together with policies expressly incorporated into them, govern the use of the public Website. They do not supersede separate written agreements governing paid services.

19. Changes to These Terms

We may update these Terms periodically to reflect changes in our Website, business practices, or legal requirements.

When updates are made, we will publish the revised Terms on our Website and update the "Last updated" date.

Material changes will apply prospectively as required by applicable law and will not automatically modify existing written client agreements.

20. Contact Information

Questions about these Terms of Use may be directed to:

Higgens Company, LLC
Doing business as Higgens Media
PO Box 7961
Greenwood, IN 46142
United States

Email: contact@higgensmedia.com
Phone: (317) 437-0054
Website: https://higgensmedia.com