Effective date: May 13, 2026 · HighMark5
Effective Date: May 13, 2026
These Terms of Service ("Terms") govern your use of the HighMark5 website and the consulting services we provide. Please read them carefully. By engaging our services, visiting our website, or signing any service agreement with HighMark5, you agree to be bound by these Terms.
By accessing the HighMark5 website, requesting a consultation, or entering into a service agreement with HighMark5, you confirm that you have read, understood, and agreed to these Terms of Service. If you do not agree to these Terms, please do not use our website or engage our services.
These Terms apply to all clients, visitors, and individuals who interact with HighMark5 in any capacity. Your continued use of our services after any updates to these Terms constitutes your acceptance of the revised Terms.
HighMark5 is a consulting firm based in Carlsbad, California, that provides strategic business and content consulting services to clients. Our current service offerings include the following:
A comprehensive review and assessment of your current business or marketing strategy. Through this service, HighMark5 evaluates your existing approach, identifies gaps and opportunities, and delivers actionable recommendations designed to strengthen your overall direction and performance.
A hands-on consulting service in which HighMark5 works alongside your team or independently to develop, refine, and implement a content strategy aligned with your business goals. This may include content planning, messaging frameworks, channel strategy, and execution guidance tailored to your brand and audience.
An ongoing consulting engagement focused on sustained business growth. This service is designed for clients who want consistent strategic support, accountability, and forward momentum. Deliverables, timelines, and scope will be defined in a written service agreement between the client and HighMark5 prior to commencement.
The specific scope, deliverables, timelines, and fees for each service will be outlined in a separate written proposal or service agreement. In the event of any conflict between these Terms and a signed service agreement, the terms of the service agreement will control with respect to that specific engagement.
To allow HighMark5 to deliver services effectively, clients agree to the following responsibilities:
HighMark5 is not responsible for delays or reduced quality of work resulting from a client's failure to meet these responsibilities.
HighMark5 schedules consulting sessions, calls, and engagements based on mutual availability. We ask that all clients treat scheduled time with care and respect.
All sessions and engagements must be scheduled in advance through direct communication with HighMark5. Scheduling is subject to availability and confirmation by our team.
If you need to cancel or reschedule a session, please provide at least 48 hours' notice prior to the scheduled appointment. Cancellations made with less than 48 hours' notice may result in a cancellation fee or forfeiture of any prepaid session fees, at HighMark5's discretion.
HighMark5 reserves the right to reschedule sessions in the event of unforeseen circumstances. In such cases, we will notify you as soon as possible and work with you to find a suitable alternative time.
Repeated missed appointments or last-minute cancellations may result in a requirement for prepayment of future sessions or termination of the service engagement.
All content published on the HighMark5 website, including but not limited to text, graphics, logos, service descriptions, frameworks, methodologies, and other materials, is the exclusive property of HighMark5 unless otherwise noted. This content is protected by applicable United States and international intellectual property laws.
You may not copy, reproduce, distribute, modify, republish, or otherwise use any content from the HighMark5 website without our prior written permission.
Ownership of deliverables and work product created during a client engagement will be governed by the terms of the applicable written service agreement. In the absence of a specific written agreement addressing ownership, HighMark5 retains all intellectual property rights to any strategies, frameworks, documents, templates, or other materials developed during the engagement until full payment has been received, at which point ownership may transfer to the client as agreed in writing.
Any materials, logos, content, or assets provided by the client to HighMark5 for use in the engagement remain the property of the client. By providing such materials, the client grants HighMark5 a limited, non-exclusive license to use them solely for the purpose of performing the contracted services.
HighMark5's fees for services are due at the time of service unless otherwise agreed upon in writing between HighMark5 and the client prior to the commencement of services.
If you have a question about an invoice or believe a billing error has occurred, please contact us within 10 business days of the invoice date at brandenlaske@gmail.com.
To the maximum extent permitted by applicable law, HighMark5, its owner, employees, contractors, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of our services or website, even if HighMark5 has been advised of the possibility of such damages.
This includes, but is not limited to, loss of revenue, loss of profits, loss of business, loss of data, or any other financial or business losses resulting from:
In any event, HighMark5's total cumulative liability arising out of or related to any single engagement shall not exceed the total fees paid by the client to HighMark5 for the specific service giving rise to the claim during the three (3) months immediately preceding the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless HighMark5, its owner, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
HighMark5 reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claim.
These Terms of Service and any disputes arising out of or related to your use of HighMark5's services or website shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Before initiating any formal legal proceedings, both parties agree to make a good-faith effort to resolve any dispute through direct communication. Please contact us at brandenlaske@gmail.com to describe the nature of your concern, and we will work with you to reach a reasonable resolution within 30 days.
If a dispute cannot be resolved informally, any legal action or proceedings shall be brought exclusively in the state or federal courts located in San Diego County, California. Both parties consent to personal jurisdiction in such courts and waive any objection to venue in that location.
HighMark5 reserves the right to update or modify these Terms of Service at any time. When changes are made, we will update the effective date at the top of this page. We encourage you to review these Terms periodically to stay informed of any updates.
Your continued use of the HighMark5 website or services after any changes have been posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should discontinue use of our website and services and notify us in writing.
For active client engagements, material changes to these Terms that affect your ongoing services will be communicated directly via email.
If you have any questions, concerns, or feedback regarding these Terms of Service, please reach out to us using the contact information below:
We are committed to responding to all inquiries in a timely and professional manner.