Terms of Service

Effective Date: May 6, 2026

Last Updated: May 6, 2026

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and THE HIGHRAILER APARTMENTS LLC, operating as High Rail, concerning your access to and use of our website https://www.highrail.lol and our professional services.

By accessing our website or engaging our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not access our website or use our services.

Company Information

Services Description

High Rail provides professional computer integrated systems design and technical consulting services, including but not limited to:

• Computer systems architecture and design
• System integration and implementation
• Custom software development
• Cloud solutions and migration
• Technical consulting and advisory services
• Managed services and ongoing support
• Cybersecurity solutions
• Data management and analytics

Use of Website

Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:

• Use the website in any way that violates applicable federal, state, local, or international law
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Attempt to gain unauthorized access to any portion of the website or any systems or networks
• Use any automated system to access the website in a manner that sends more requests than a human can reasonably produce
• Introduce viruses, trojans, worms, or other malicious code
• Collect or harvest any personally identifiable information from the website
• Impersonate or attempt to impersonate High Rail, our employees, or any other person or entity

Intellectual Property Rights

The website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by THE HIGHRAILER APARTMENTS LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our website without our prior written consent.

Service Agreements

Engagement Terms

When you engage High Rail for professional services, the specific terms of that engagement will be set forth in a separate written agreement or statement of work. These Terms of Service supplement but do not replace any such agreement.

Proposals and Estimates

All proposals, estimates, and quotes provided by High Rail are valid for 30 days from the date of issuance unless otherwise specified. Proposals are based on the information provided at the time and may be subject to adjustment if requirements change.

Payment Terms

Payment terms will be specified in individual service agreements. Unless otherwise agreed in writing:

• Invoices are due within 30 days of the invoice date
• Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less
• We reserve the right to suspend services for accounts with overdue balances
• All fees are non-refundable unless otherwise specified in writing

Project Scope and Changes

The scope of work for any project will be defined in the applicable service agreement. Any changes to the scope of work must be agreed upon in writing and may result in adjustments to timeline and fees.

Client Responsibilities

When engaging our services, clients agree to:

• Provide accurate and complete information necessary for service delivery
• Grant timely access to systems, data, and personnel as required
• Respond to requests for information or decisions in a timely manner
• Maintain appropriate backups of critical data
• Comply with all applicable laws and regulations
• Ensure proper licensing for all software and systems

Warranties and Disclaimers

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. If services fail to meet this standard, we will re-perform the services at no additional charge.

Website Disclaimer

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. HIGH RAIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIGH RAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

No Guarantee of Results

While we strive to deliver optimal results, we cannot guarantee specific outcomes or results from our services. Technology implementations involve inherent risks and uncertainties that may be beyond our control.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HIGHRAILER APARTMENTS LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the website or services
• Any conduct or content of any third party on the website
• Any content obtained from the website
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HIGH RAIL FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless THE HIGHRAILER APARTMENTS LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the website or services.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of any service agreement.

Exceptions

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully in the receiving party's possession prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

Intellectual Property Ownership

Client Data and Materials

Clients retain all rights to their data, content, and materials provided to High Rail. We claim no ownership rights to client data.

Work Product

Unless otherwise specified in a service agreement, upon full payment, clients receive ownership of custom work product created specifically for them. High Rail retains ownership of pre-existing materials, tools, methodologies, and general knowledge.

Portfolio Rights

We reserve the right to include completed projects in our portfolio and marketing materials unless otherwise agreed in writing. We will not disclose confidential information in such materials.

Termination

Termination by Client

Clients may terminate service agreements with written notice as specified in the applicable agreement. Client remains responsible for payment of all services rendered through the termination date and any non-cancelable commitments.

Termination by High Rail

We reserve the right to terminate or suspend services immediately if:

• Client breaches these Terms or any service agreement
• Client fails to make timely payments
• Client engages in conduct that may harm High Rail or third parties
• Continuation of services would violate applicable law

Effect of Termination

Upon termination, we will provide client with available work product and return client materials. Client must pay all outstanding fees. Provisions that by their nature should survive termination shall survive, including confidentiality, intellectual property, and limitation of liability provisions.

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Ocean County, New Jersey.

Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and High Rail individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Independent Contractor

High Rail is an independent contractor and not an employee, agent, partner, or joint venturer of the client. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and High Rail regarding the use of our website and services, superseding any prior agreements.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Amendments

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our website or services after such changes constitutes acceptance of the modified Terms.

Contact Information

Questions about these Terms of Service should be directed to:

Acknowledgment

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.