These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and TFG UPPER HOLDINGS INC., a Computer Systems Design and Related Services firm incorporated under the laws of the United States, with its principal place of business at 234 W Florida St, Milwaukee, WI 53204-1659 (hereinafter referred to as the Company, we, us, or our).
By accessing, browsing, or using the website located at tfgrise.mom (the Site), including any subdomains, mobile versions, APIs, or related services delivered under the developer identity TFG Rise, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or policies referenced herein or posted on the Site.
If you do not agree to all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes.
The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. Material changes will be communicated by updating the Effective Date above and, where feasible, through a prominent notice on the Site. It is your responsibility to review these Terms periodically for updates. Use of the Site after a modification becomes effective signifies your assent to the modified Terms.
Binding Arbitration Notice: These Terms contain a mandatory arbitration provision and a class action waiver in Section 10. Please read that section carefully — it affects your legal rights, including your right to file a lawsuit in court.
TFG UPPER HOLDINGS INC. provides computer systems design and related services, including but not limited to systems architecture consulting, cloud infrastructure engineering, cybersecurity operations, data engineering, intelligent automation, DevOps acceleration, and associated professional services (collectively, the Services). The Site serves as an informational platform, a point of contact for prospective clients, and a portal through which you may inquire about or procure our Services.
We do not warrant that the Site, or any content or service provided through it, will be available at all times or operate without interruption. We may suspend, withdraw, or restrict availability of all or any part of the Site for business, operational, or security reasons. We will endeavor to provide reasonable notice of scheduled downtime where practicable.
Any timelines, estimates, or performance projections shared verbally or in correspondence are non-binding good-faith approximations unless explicitly stated in a signed Statement of Work or Master Services Agreement. The scope, deliverables, timeline, and fees for any project engagement shall be governed exclusively by the terms of the applicable written agreement executed by both parties.
You may access the Site solely for lawful, legitimate business purposes consistent with these Terms. You agree not to use the Site in any manner that could damage, disable, overburden, or impair our servers, networks, or infrastructure, or interfere with any other party's use of the Site.
In connection with your use of the Site, you agree not to engage in any of the following prohibited activities:
If we provision you with access credentials for any client portal, collaboration platform, or protected area of the Site, you are responsible for maintaining the confidentiality of those credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach. We reserve the right to disable any user account at our discretion if we believe you have violated these Terms.
The Site and all of its contents, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, video, data compilations, page layouts, underlying code, software, algorithms, and the selection and arrangement thereof — are owned by TFG UPPER HOLDINGS INC., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The trademarks, service marks, and logos displayed on the Site, including TFG UPPER HOLDINGS INC., TFG Rise, and all associated brand elements, are registered and unregistered marks of the Company. No license or right to use any trademark is granted by implication or otherwise without our express prior written consent. All goodwill generated from the use of our marks inures to our benefit.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes in accordance with these Terms. This license does not include any right to:
Any use of the Site not expressly permitted by these Terms is a breach of this agreement and may violate intellectual property laws.
If you submit, post, or transmit any content, materials, or information to the Site or to our team — including inquiries, feedback, suggestions, proposals, project requirements, or technical data — you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with providing the Services. You represent that you own or have the necessary rights to grant this license and that your submissions do not infringe the rights of any third party.
By using the Site and engaging with our Services, you represent, warrant, and covenant that:
Failure to satisfy these obligations may result in suspension or termination of your access to the Site, without prejudice to any other remedies we may have at law or in equity.
In the course of your interaction with the Site and our team, you may disclose or we may have access to information of a confidential nature. This section governs the treatment of confidential information exchanged through or in connection with the Site.
Confidential Information means any non-public information, technical data, or know-how disclosed by either party, whether orally, in writing, or through any other medium, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, trade secrets, business plans, client lists, financial data, source code, architectural diagrams, security assessments, infrastructure specifications, and any information subject to a non-disclosure agreement executed between the parties.
Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was lawfully in the recipient's possession prior to disclosure; (c) is rightfully received from a third party without confidentiality obligations; or (d) is independently developed by the recipient without use of or reference to the disclosing party's Confidential Information.
Each party agrees to: (a) protect the other's Confidential Information using the same degree of care it uses to protect its own confidential information of like nature, but in no event less than reasonable care; (b) not disclose Confidential Information to any third party without the disclosing party's prior written consent; and (c) use Confidential Information solely for the purpose of evaluating or performing under these Terms and any related service engagement. Disclosure to employees, contractors, or agents is permitted only on a need-to-know basis and subject to binding confidentiality obligations no less protective than those set forth herein.
If either party is required by law, regulation, court order, or governmental authority to disclose any Confidential Information, it shall, to the extent legally permitted, provide prompt written notice to the other party so that the disclosing party may seek a protective order or other appropriate remedy. Disclosure shall be limited to the information legally required to be furnished.
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TFG UPPER HOLDINGS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, RELIABLE, OR CURRENT; (D) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED; OR (E) THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE, INFORMATION, OR COMMUNICATION — WHETHER ORAL OR WRITTEN — OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN STATUTORY RIGHTS. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW, AND YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY BY JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TFG UPPER HOLDINGS INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF TFG UPPER HOLDINGS INC. AND ITS RELATED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE ACTUALLY PAID TO THE COMPANY FOR SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO ALL CLAIMS COLLECTIVELY, REGARDLESS OF THE NUMBER OF EVENTS OR OCCURRENCES GIVING RISE THERETO.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN SECTIONS 7 AND 8 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
You agree to defend, indemnify, and hold harmless TFG UPPER HOLDINGS INC., its affiliates, directors, officers, employees, agents, contractors, licensors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees — including reasonable attorneys' fees and court costs — arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent if such settlement imposes any obligation on or requires any admission of liability by the Company. This indemnification obligation shall survive termination or expiration of these Terms and your cessation of use of the Site.
These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Before initiating any formal legal action, you agree to first contact us at team@tfgrise.mom and attempt to resolve the dispute informally. Both parties shall engage in good-faith negotiations for a period of at least sixty days before either party may resort to arbitration or litigation. Any offer of settlement made during informal negotiations shall be treated as confidential and shall not be admissible as evidence in any subsequent proceeding.
Any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the Services that cannot be resolved through informal negotiation shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Milwaukee, Wisconsin, before a single arbitrator mutually agreed upon by the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate as a plaintiff or class member in any class action lawsuit or class-wide arbitration against the Company. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Milwaukee, Wisconsin, to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, or to address breaches of confidentiality obligations, without first engaging in informal resolution or arbitration.
Any claim or cause of action arising out of or related to these Terms or the Site must be filed within one year after the claim or cause of action arose, regardless of any statute or law to the contrary. Any claim not filed within that period is permanently barred.
Any provisions of these Terms that by their nature should survive termination — including Sections 4 (IP Rights), 6 (Confidentiality), 7 (Disclaimer), 8 (Liability), 9 (Indemnification), 10 (Governing Law), and 11 (General Provisions) — shall survive termination or expiration of these Terms.
For questions, concerns, or formal correspondence regarding these Terms of Service, or to report a violation of these Terms, please contact us using the details below. Our legal and compliance team reviews all Terms-related inquiries and endeavors to respond substantively within five business days.
TFG UPPER HOLDINGS INC.
Attn: Legal Department
234 W Florida St, Milwaukee, WI 53204-1659
United States
Email: team@tfgrise.mom
Phone: +1 (326) 266-2209
Website: www.tfgrise.mom
Developer identity: This Site was developed and is maintained by TFG Rise, a service identity of TFG UPPER HOLDINGS INC. All terms, conditions, and obligations set forth herein apply equally to activities conducted under the TFG Rise developer identity. For service-specific terms, Statements of Work, or Master Services Agreements, please contact our team directly. Industry classification: Computer Systems Design and Related Services (NAICS 5415).