Acceptance of Terms
Welcome to TBN Saratoga Springs LLC. By accessing, browsing, or using the website located at www.tbnsaratoga.hair (the Website) and any associated services, content, or functionality made available through the Website (collectively, the Services), you agree to be bound by these Terms of Service (the Terms), our Privacy Policy, and any additional terms, guidelines, or policies referenced herein or made available by hyperlink.
Please read these Terms carefully before using the Website or Services. If you do not agree to all of the terms and conditions contained in these Terms, you must not access or use the Website or any Services provided by TBN Saratoga Springs LLC. Your continued use of the Website constitutes your unconditional acceptance of these Terms in their entirety.
These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity (you or your), and TBN Saratoga Springs LLC (TBN Saratoga, we, us, or our), concerning your access to and use of the Website and Services. You represent that you are at least 18 years of age and legally capable of entering into binding contracts.
Description of Services
TBN Saratoga Springs LLC provides computer systems design, architecture consulting, cloud engineering, cybersecurity architecture, network infrastructure design, data center planning, and related technology advisory services. The specific scope, deliverables, timeline, and fees for any engagement shall be set forth in a separate written agreement, statement of work, or service proposal executed by both parties.
Our Website serves as an informational platform where prospective clients can learn about our capabilities, explore case studies, and initiate contact. The descriptions of services on the Website are for informational purposes only and do not constitute a binding offer to provide services. The actual scope of services will be defined in a formal engagement letter or contract tailored to your specific needs.
We reserve the right to modify, suspend, or discontinue any aspect of the Website or Services, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or Services. We may also impose limits on certain features or restrict access to parts or all of the Services without notice or liability.
User Obligations and Conduct
As a user of our Website and Services, you agree to the following obligations and standards of conduct:
- You shall provide accurate, current, and complete information when engaging with our Website, submitting inquiry forms, or entering into any business relationship with us. You shall promptly update any information that becomes outdated or incorrect.
- You shall use the Website and Services only for lawful purposes and in compliance with all applicable federal, state, local, and international laws and regulations.
- You shall not engage in any activity that interferes with or disrupts the proper functioning of the Website, its servers, or networks connected to it, including the introduction of viruses, malware, or other harmful code.
- You shall not attempt to gain unauthorized access to any portion of the Website, other user accounts, computer systems, or networks through hacking, password mining, or any other means.
- You shall not use any automated means, including robots, spiders, crawlers, or similar data mining tools, to access, monitor, or copy any content or information from the Website without our prior express written consent.
- You shall not use the Website to transmit any unsolicited advertising, promotional materials, spam, junk mail, chain letters, or any other form of unauthorized solicitation.
- You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Violation of any of these obligations may result in immediate termination of your access to the Website and Services, and we reserve the right to pursue any and all legal remedies available to us for such violations.
Intellectual Property Rights
All content, features, and functionality available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, code, design elements, the selection and arrangement thereof, and the overall look and feel of the Website (collectively, the Content), is the exclusive property of TBN Saratoga Springs LLC, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The TBN Saratoga name, the TBN Saratoga Springs logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TBN Saratoga Springs LLC or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content for your personal, non-commercial use or for evaluating potential engagement of our services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without our express prior written consent, except as incidental to normal web browsing.
Confidentiality
During the course of your interactions with TBN Saratoga Springs LLC, you may disclose certain proprietary or confidential information related to your business, including but not limited to trade secrets, technical specifications, business strategies, financial data, customer information, and infrastructure details (collectively, Confidential Information). We agree to hold all such Confidential Information in strict confidence and shall not disclose it to any third party without your prior written consent, except as required by law.
Our obligations regarding Confidential Information do not apply to information that: (a) is or becomes publicly available through no breach of these Terms by us; (b) was known to us prior to your disclosure, as evidenced by our written records; (c) is independently developed by us without reference to or use of your Confidential Information; or (d) is rightfully obtained by us from a third party without restriction on disclosure.
Confidential Information shall be used by us solely for the purpose of evaluating and providing services as contemplated by these Terms and shall be protected using the same degree of care we use to protect our own confidential information of similar importance, but in no event less than a reasonable degree of care. This confidentiality obligation survives termination of these Terms for a period of three (3) years.
Disclaimer of Warranties
THE WEBSITE AND ALL SERVICES PROVIDED BY TBN SARATOGA SPRINGS LLC ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TBN SARATOGA SPRINGS LLC 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, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Without limiting the foregoing, we make no warranty or representation that: (a) the Website or Services will meet your specific requirements or expectations; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or Services will be accurate, reliable, or complete; (d) any errors or defects in the Website or Services will be corrected; or (e) the Website or its servers are free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly stated in these Terms.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TBN SARATOGA SPRINGS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall our aggregate liability to you for all claims arising out of or relating to these Terms or the use of the Website exceed the greater of: (a) the total amount paid by you, if any, to TBN Saratoga Springs LLC in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred United States dollars ($100.00). The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless TBN Saratoga Springs LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including without limitation reasonable attorneys fees and court costs) arising out of or relating to:
- Your use of and access to the Website or Services, including any data or content transmitted or received by you.
- Your violation of any term of these Terms, including without limitation your breach of any of the representations, warranties, or obligations set forth above.
- Your violation of any applicable law, rule, or regulation, including any data protection or privacy laws.
- Your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality right, property right, or privacy right.
- Any claim that your content or your use of the Services caused damage to a third party.
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 such case, you agree to cooperate with our defense of such claim. You shall not settle any matter subject to indemnification without our prior written consent.
Termination
We reserve the right, in our sole discretion and without prior notice, to terminate or suspend your access to all or any part of the Website or Services for any reason or no reason, including without limitation any violation of these Terms. Upon termination, your right to access and use the Website and Services shall immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. Termination of your access to the Website shall not prejudice any rights or obligations that may have accrued to either party prior to the date of termination.
If you wish to terminate your agreement with these Terms, you may simply discontinue using the Website. Any ongoing contractual engagements for services shall be governed by the separate written agreement applicable to that engagement, and termination of these Terms shall not affect the rights or obligations under any such separate agreement.
Third-Party Links and Services
Our Website may contain links to third-party websites, applications, content, or resources that are not owned, operated, or controlled by TBN Saratoga Springs LLC. These links are provided solely for your convenience and do not constitute or imply our endorsement, sponsorship, or recommendation of the third party, the information, product, or service contained therein.
We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, or practices of any third-party websites or services. You acknowledge and agree that TBN Saratoga Springs LLC 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 advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Your dealings with third parties found on or through our Website, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party.
Force Majeure
TBN Saratoga Springs LLC shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms arising out of or caused by acts, events, omissions, or circumstances beyond our reasonable control, including but not limited to: acts of God, flood, fire, earthquake, pandemic, epidemic, explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, government orders, laws, or actions, embargoes or blockades, national or regional emergency, strikes, labor stoppages or slowdowns, shortage of adequate power or telecommunications, or interruption or failure of utility service or the Internet.
In the event of a force majeure condition, we shall use commercially reasonable efforts to resume performance as promptly as practicable and to mitigate the impact of the event on our obligations under these Terms. If the force majeure condition continues for a period exceeding thirty (30) consecutive days, either party may terminate the affected portion of these Terms upon written notice to the other party.
Dispute Resolution and Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services, including any question regarding their existence, validity, interpretation, breach, or termination (a Dispute), shall first be attempted to be resolved through informal negotiation between the parties.
If a Dispute cannot be resolved through informal negotiation within thirty (30) days of one party providing written notice to the other, the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or in the absence of agreement, appointed by the AAA.
The arbitration shall take place in Washington County, Utah, unless the parties mutually agree to an alternative location. The arbitration proceedings, including all documents, evidence, and the arbitral award, shall be treated as confidential by both parties, except as necessary to enforce the award or as required by law. Judgment on the arbitral award may be entered in any court having 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 in a class action lawsuit or class-wide arbitration. If for any reason a Dispute proceeds in court rather than in arbitration, each party waives any right to a jury trial.
Governing Law and Venue
These Terms and any Dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Utah.
Subject to the arbitration provision set forth in Section 12, any legal suit, action, or proceeding arising out of or related to these Terms or the Website that is not subject to arbitration shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Washington County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Changes to These Terms
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. When we make material changes, we will post the revised Terms on this page and update the Last updated date at the top of the document. We may also, at our discretion, provide additional notice of significant changes through the Website or via email if you have provided your contact information.
It is your responsibility to review these Terms periodically for changes. By continuing to access or use the Website and Services after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Website and Services immediately.
Any modifications to these Terms shall be effective immediately upon posting. We will not be obligated to provide notice of non-material changes. Changes addressing new functions of the Website or changes made for legal reasons will be effective immediately.
Severability and Waiver
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.
No waiver by TBN Saratoga Springs LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of TBN Saratoga Springs LLC to be effective.
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or additional terms published by us on the Website, constitute the sole and entire agreement between you and TBN Saratoga Springs LLC with respect to your use of the Website and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof.
No terms or conditions other than those set forth in these Terms or incorporated by reference shall be binding upon TBN Saratoga Springs LLC unless expressly agreed to in writing and signed by an authorized representative of TBN Saratoga Springs LLC. In the event of any conflict between these Terms and any separate written agreement you may have entered into with TBN Saratoga Springs LLC for specific services, the terms of such separate agreement shall control.
The section headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of any provision. These Terms are for the benefit of the parties and their successors and permitted assigns. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
Contact Information
If you have any questions, comments, or concerns regarding these Terms of Service, or if you need to provide legal notice to TBN Saratoga Springs LLC under these Terms, please contact us using the information below. We are committed to addressing your inquiries promptly and professionally.