Terms of Service

TOC Table of Contents

• 1. Acceptance of Terms
• 2. Definitions
• 3. Eligibility
• 4. Website Use and Access
• 5. Services Description
• 6. Intellectual Property Rights
• 7. User Content and Submissions
• 8. Prohibited Conduct
• 9. Third-Party Links and Resources
• 10. Disclaimer of Warranties
• 11. Limitation of Liability
• 12. Indemnification
• 13. Termination
• 14. Governing Law and Dispute Resolution
• 15. Modifications to Terms
• 16. General Provisions
• 17. Contact Information

1 Acceptance of Terms

By accessing or using the website located at www.incendiumsolutions.lol and any related subdomains, pages, or services provided by Incendium Solutions LLC, a Utah limited liability company, you agree to be bound by these Terms of Service. If you do not agree to all of these terms, you must immediately discontinue your use of this website and refrain from accessing any of our services.

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and Incendium Solutions LLC concerning your access to and use of the website and our services. You represent that you have the legal authority to bind any entity on whose behalf you access or use the website.

2 Definitions

For the purposes of these Terms of Service, the following definitions apply:

• Company refers to Incendium Solutions LLC, a Utah limited liability company with its principal place of business at 11516 S Skyward Rd, South Jordan, UT 84009-1402, United States, also referred to as we, us, or our.
• Website refers to the website located at www.incendiumsolutions.lol and all associated subdomains, pages, features, content, and functionality made available through the website.
• Services refers to the computer systems design, systems integration, IT consulting, cloud architecture, cybersecurity consulting, data engineering, and all other professional services offered by the Company.
• User or you refers to any individual or entity that accesses or uses the Website or engages the Services of the Company.
• Content refers to all text, graphics, images, software, code, data, designs, information, and other materials available on or through the Website.
• Engagement Agreement refers to any separate written contract, statement of work, proposal, or service agreement entered into between the Company and a client for the provision of specific Services.

3 Eligibility

By agreeing to these Terms of Service, you represent and warrant that you are at least eighteen years of age, you have the legal capacity to enter into a binding contract, and your use of the Website does not violate any applicable law or regulation. If you are accessing or using the Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service.

The Website and Services are intended for users located in jurisdictions where the provision of our services is lawful. We make no representation that the Website or its Content is appropriate, lawful, or available for use in all locations. Users who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

4 Website Use and Access

4.1 License Grant

Subject to your compliance with these Terms of Service, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal or internal business purposes. This license does not include any right to reproduce, modify, distribute, publicly display, or create derivative works from the Website Content, except as expressly permitted in writing by the Company.

4.2 Availability

We strive to maintain the availability and proper functioning of the Website but do not guarantee that the Website will operate without interruption, errors, or defects. We may suspend, withdraw, discontinue, or change all or any part of the Website without prior notice to you. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

4.3 Account Security

If you create an account or submit information through the Website, you are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with this security obligation.

5 Services Description

5.1 Scope of Services

Incendium Solutions LLC provides professional services in the field of computer systems design and related services, including but not limited to systems architecture and design, cloud infrastructure engineering, systems integration, cybersecurity architecture, data engineering and analytics, and digital transformation strategy consulting. A detailed description of our service offerings is available on the Website.

5.2 Engagement Agreements

The provision of specific professional services by the Company shall be governed by a separate Engagement Agreement executed by both parties. In the event of any conflict between these Terms of Service and an executed Engagement Agreement, the terms of the Engagement Agreement shall prevail with respect to the specific services covered therein. No binding obligation to provide services arises from your use of the Website or submission of an inquiry through our contact form.

5.3 No Guarantee of Results

While the Company applies professional skill, expertise, and diligent effort to all engagements, we do not guarantee specific outcomes, results, or performance metrics from the provision of our services. Computer systems design and technology implementation inherently involve risks, and the Company makes no warranty that any particular business result or technical outcome will be achieved.

6 Intellectual Property Rights

6.1 Website Content

All Content available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software code, and the design, selection, and arrangement thereof, is the exclusive property of Incendium Solutions LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all Content on the Website is the exclusive property of the Company.

6.2 Trademarks

Incendium Solutions, the Incendium Solutions logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans appearing on the Website are the trademarks of their respective owners.

6.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content on our Website, except as expressly permitted in these Terms of Service or with prior written consent from the Company. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7 User Content and Submissions

7.1 Information You Submit

When you submit information through our contact forms, inquiry mechanisms, or other interactive features on the Website, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, and process that information for the purpose of responding to your inquiry and providing our services. You represent that you have all necessary rights to provide such information and that it does not violate any third-party rights or applicable laws.

7.2 Unsolicited Ideas

The Company does not accept or consider unsolicited ideas, proposals, suggestions, or materials relating to new products, services, technologies, processes, or marketing strategies. Please do not submit any such unsolicited materials through the Website. Any such submissions will be treated as non-confidential and non-proprietary, and the Company shall have no obligations with respect to such submissions.

8 Prohibited Conduct

You agree not to engage in any of the following prohibited activities in connection with your use of the Website:

• Using the Website in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempting 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.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission.
• Attempting to probe, scan, or test the vulnerability of the Website or any related system or network, or to breach any security or authentication measures.
• Impersonating or attempting to impersonate the Company, a Company employee, another user, or any other person or entity.
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Company or users of the Website.

We reserve the right to terminate or restrict your access to the Website for any violation of these prohibited conduct provisions or for any other conduct that we, in our sole discretion, believe is harmful to the Company or to other users.

9 Third-Party Links and Resources

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. These links are provided for your convenience only and do not constitute an endorsement, sponsorship, or recommendation by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services. We strongly encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.

10 Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCENDIUM SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

11 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INCENDIUM SOLUTIONS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF INCENDIUM SOLUTIONS LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12 Indemnification

You agree to defend, indemnify, and hold harmless Incendium Solutions LLC, its members, managers, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees including reasonable attorneys fees arising out of or relating to your violation of these Terms of Service, your use of the Website or any Content, your violation of any applicable law or regulation, or your infringement of any third-party rights, including intellectual property or privacy rights.

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 which event you shall cooperate with us in asserting any available defenses. You shall not settle any claim subject to indemnification without our prior written consent.

13 Termination

These Terms of Service shall remain in full force and effect while you use the Website. We reserve the right, in our sole discretion and without prior notice or liability, to terminate or suspend your access to all or any part of the Website for any reason or no reason, including without limitation any breach of these Terms of Service. Provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to access and use the Website shall immediately cease. If you wish to terminate these Terms of Service, you may simply discontinue using the Website. Termination shall not affect any rights or obligations that accrued prior to the effective date of termination.

14 Governing Law and Dispute Resolution

14.1 Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14.2 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting the Company at the email address listed in the Contact Information section. Both parties shall use good-faith efforts to resolve the dispute through informal negotiation for a period of at least thirty days before resorting to other remedies.

14.3 Arbitration

Any dispute arising out of or relating to these Terms of Service that cannot be resolved through informal negotiation shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Salt Lake County, Utah, unless otherwise agreed by the parties. The arbitration shall be conducted in the English language, and the arbitrators award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.4 Class Action Waiver

YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

15 Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will make reasonable efforts to provide notice, which may include posting a notice on the Website, sending an email to users who have provided their email address, or updating the effective date at the top of this page. What constitutes a material change will be determined in our sole discretion.

By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must immediately stop using the Website. We recommend reviewing these Terms of Service periodically to stay informed of any changes.

16 General Provisions

16.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any executed Engagement Agreement, constitute the entire agreement between you and the Company regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

16.2 Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms of Service, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may assign or transfer these Terms of Service, in whole or in part, without restriction. Any attempted assignment in violation of this section shall be null and void.

16.5 Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms of Service caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, epidemic or pandemic, labor disputes, utility failures, Internet or telecommunications disruptions, or supplier failures.

16.6 Relationship of the Parties

Nothing in these Terms of Service shall be construed to create a partnership, joint venture, agency, or employment relationship between you and the Company. Neither party has any authority to bind the other or to incur any obligation on the other behalf without prior written consent.

17 Contact Information

For any questions, concerns, or communications regarding these Terms of Service, please contact us using the following information:

We strive to respond to all inquiries within two business days. For legal notices, service of process, or formal correspondence, please use the physical mailing address listed above. We recommend sending legal correspondence via a trackable delivery method to ensure receipt.