Terms of Service

1. Acceptance of These Terms

These Terms of Service, together with any documents they expressly incorporate by reference, govern your access to and use of the website located at www.hjfillmore.autos and the services offered by HJFILLMORE, LLC. By accessing or using the website, or by engaging our services, you agree to be bound by these Terms of Service and by our Privacy Policy.

If you do not agree to these Terms of Service, you must not access or use the website or our services. The website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the website constitutes your agreement to all such terms, conditions and notices.

These Terms of Service are entered into by and between you, whether personally or on behalf of an entity, and HJFILLMORE, LLC, a company organized under the laws of the United States. Throughout these terms, the terms we, us and our refer to HJFILLMORE, LLC.

2. Description of Services

HJFILLMORE, LLC provides computer systems design and related services within the professional, scientific and technical services sector. Our services include computer integrated systems design, network and infrastructure architecture, system integration, deployment, migration, ongoing operations and related consulting.

The specific scope, deliverables, timeline and fees for any engagement are set out in a separate written agreement or statement of work between you and HJFILLMORE, LLC. To the extent that any provision of a separate written agreement conflicts with these Terms of Service, the written agreement will control with respect to the subject matter of that agreement.

We may modify, suspend or discontinue any aspect of our services at any time, with or without notice, to the extent permitted by applicable law and by any separate agreement we have with you. We reserve the right to refuse service to anyone for any reason at any time.

3. Use of the Website

You may use the website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the website in any way that violates any applicable federal, state, local or international law or regulation, or that could disable, overburden, damage or impair the website or interfere with any other party use of the website.

You are responsible for making all arrangements necessary for you to have access to the website and for ensuring that all persons who access the website through your internet connection are aware of these Terms of Service and comply with them. Access to parts of the website may be restricted from time to time for maintenance or other reasons.

We reserve the right to withdraw or amend this website and any service or material we provide on the website in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.

4. Intellectual Property Rights

The website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, graphics, logos, images, audio and video, and the design, selection and arrangement thereof, are owned by HJFILLMORE, LLC, 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 laws.

These Terms of Service permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website except as expressly permitted by these Terms of Service or with our prior written consent.

The HJFillmore name, the HJFILLMORE logo and all related names, logos, product and service names, designs and slogans are trademarks of HJFILLMORE, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of the owner.

5. User Responsibilities

You are responsible for the accuracy and completeness of the information you provide to us, whether through the website or through any other means. You agree to provide current, accurate and complete information when you submit a form, request a consultation or otherwise communicate with us.

You are responsible for maintaining the confidentiality of any credentials used to access restricted areas of the website or our systems, and for all activities that occur under those credentials. You agree to notify us immediately of any unauthorized use of your credentials or any other breach of security.

If you provide us with information about third parties, including employees or clients, you represent that you have the right to provide such information and that doing so does not violate any applicable law or contractual obligation.

6. Prohibited Uses

You may use the website and our services only for lawful purposes. You agree not to use the website or our services to violate any applicable law, to transmit any material that is defamatory, obscene, infringing or otherwise objectionable, or to infringe the rights of any third party.

You further agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website. You must not attack the website via a denial of service attack or a distributed denial of service attack.

You must not use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website, without our prior written consent. You must not introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

7. Accounts and Security

Certain features of our services may require you to establish an account or to receive access credentials. If you are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity.

You acknowledge that your account is personal to you and agree not to provide any other person with access to the website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.

We have the right to disable any username, password or other identifier at any time in our sole discretion for any or no reason, including if we believe you have violated any provision of these Terms of Service.

8. Fees and Payment

The fees for our services are set out in the applicable written agreement or statement of work. Unless otherwise agreed in writing, fees are due and payable in accordance with the payment terms set out in that agreement. You agree to pay all amounts due in a timely manner.

If you fail to make any payment when due, we may suspend or terminate the provision of services until payment is received, and we may charge interest on overdue amounts at the maximum rate permitted by applicable law. You are responsible for all taxes and other charges imposed in connection with the services, except for taxes based on our net income.

Unless otherwise stated, all fees are quoted in United States dollars and are exclusive of applicable taxes. Any amounts not disputed in good faith within thirty days of the invoice date are deemed accepted.

9. Confidentiality

In the course of providing services, each party may disclose to the other confidential information, including technical, business and financial information that is not generally known to the public. Each party agrees to protect the confidentiality of the other party confidential information using at least the same degree of care it uses to protect its own confidential information.

Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, information that was lawfully known to the receiving party before disclosure, information independently developed by the receiving party, or information lawfully obtained from a third party without restriction.

The obligations in this section survive the termination of these Terms of Service and any applicable written agreement for so long as the information remains confidential, subject to any longer period required by applicable law.

10. Disclaimer of Warranties

The website and our services are provided on an as is and as available basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, HJFILLMORE, LLC disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the website will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the website in terms of correctness, accuracy, reliability or otherwise.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. No advice or information, whether oral or written, obtained from us or through the website will create any warranty not expressly made in these Terms of Service.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will HJFILLMORE, LLC, its affiliates, officers, employees, agents, licensors or service providers be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the website or our services, including any direct, indirect, special, incidental, consequential or punitive damages.

This limitation includes damages for loss of profits, loss of revenue, loss of data, loss of goodwill, work stoppage, computer failure or malfunction, and any other commercial damages or losses, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages.

To the extent that any jurisdiction does not permit the exclusion or limitation of liability set out above, our total aggregate liability to you for all claims arising out of or relating to these Terms of Service or the website will not exceed the greater of one hundred United States dollars or the amount you have paid to us, if any, in the twelve months preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify and hold harmless HJFILLMORE, LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable legal fees, arising out of or relating to your violation of these Terms of Service or your use of the website.

This indemnification obligation includes any use of the website content, services and products other than as expressly authorized in these Terms of Service, and any use of information obtained from the website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

In the event we assume such defense and control, you agree to cooperate with our defense of the relevant claims. You will not in any event settle any claim without our prior written consent.

13. Termination

These Terms of Service remain in full force and effect while you use the website or our services. We may terminate or suspend your access to the website and our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service.

You may stop using the website and our services at any time. Upon termination, your right to use the website and our services will immediately cease. The provisions of these Terms of Service that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability and indemnification.

Termination will not affect any rights or obligations that accrued before the effective date of termination, and it will not relieve you of any obligation to pay amounts owed to us for services already provided.

14. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter will be governed by and construed in accordance with the laws of the State of Utah, United States, without giving effect to any choice of law or conflict of law provisions.

Subject to the dispute resolution provisions below, the parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Utah for the resolution of any dispute arising out of or relating to these Terms of Service, and each party waives any objection to venue in such courts.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or these Terms of Service must be filed within one year after such claim or cause of action arose, or it will be forever barred.

15. Dispute Resolution

The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms of Service through informal negotiation in good faith before initiating any formal proceedings. Either party may initiate such negotiation by providing written notice to the other party describing the dispute.

If the parties are unable to resolve the dispute through informal negotiation within thirty days, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to be held in Salt Lake County, Utah.

Each party will bear its own costs in connection with any dispute resolution proceeding, and the parties will share equally the fees and expenses of any mediator or arbitrator, unless the arbitrator orders otherwise. This section does not prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction.

16. Changes to These Terms

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and they apply to all access to and use of the website thereafter. Your continued use of the website after the posting of revised terms means that you accept and agree to the changes.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If a change is material, we will take reasonable steps to notify you through the website or by other means.

The most current version of these Terms of Service will always be available on this page, and the version posted here supersedes all prior versions.

17. Contact Information

If you have any questions, comments or concerns about these Terms of Service, please contact us using the details below. We will respond to your inquiry as promptly as possible.

You may also reach us through the contact form on our website. Please include enough detail in your message to allow us to respond accurately and efficiently.