Terms of Service

1. Introduction and Acceptance of Terms

Welcome to RWEST VENTURES, LLC. These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and RWEST VENTURES, LLC, a Utah limited liability company with its principal place of business at 1616 S 160 E, Farmington, Utah 84025-2066, United States. By accessing or using our website located at https://www.rwestventures.mom, engaging our Computer Systems Design services, or otherwise interacting with us in any manner governed by these Terms, you acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions set forth herein.

If you do not agree with any provision of these Terms of Service, you are expressly prohibited from using our website and services and must discontinue use immediately. We reserve the right, in our sole discretion, to modify, amend, supplement, or replace these Terms at any time. Your continued use of our website or services after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

These Terms apply to all visitors, users, clients, and others who access or use our website or services. By continuing to browse or use our website, you represent and warrant that you have the legal capacity to enter into a binding agreement and that you are not barred from receiving services under the laws of the United States or any other applicable jurisdiction.

2. Definitions

For the purposes of these Terms of Service, the following definitions shall apply. Company, We, Us, or Our refers to RWEST VENTURES, LLC, a Utah limited liability company. You or Your refers to the individual accessing or using our website or services, or the legal entity on whose behalf such individual is acting. Website refers to https://www.rwestventures.mom and all associated subdomains, pages, and content made available through this domain. Services refers to the Computer Systems Design services, consulting, architecture planning, infrastructure design, network engineering, cybersecurity assessments, and any other professional services offered by the Company, whether described on the Website or provided through written agreement. Content refers to all text, images, graphics, code, data, and other materials made available on or through the Website. Agreement refers to these Terms of Service together with our Privacy Policy and any other written agreements executed between You and the Company. Effective Date means the date on which You first access the Website or engage the Services, whichever occurs first.

3. Eligibility

You must be at least eighteen years of age and possess the legal authority to enter into binding agreements to use our website and services. By accessing or using our website, you represent and warrant that you are at least eighteen years old, that you have the full right, power, and authority to agree to these Terms, and that all information you provide to us is truthful, accurate, current, and complete.

If you are accessing or using our website or services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms You or Your shall refer to such entity. We reserve the right to refuse service, terminate accounts, or restrict access to our website and services at our sole discretion for any reason not prohibited by applicable law.

4. Description of Services

RWEST VENTURES, LLC provides professional Computer Systems Design services including but not limited to systems architecture planning and design, network infrastructure engineering and implementation, cybersecurity assessment and security architecture, cloud and hybrid infrastructure architecture, data infrastructure and storage design, DevOps and automation engineering, technology consulting and advisory services, and system performance optimization and maintenance. The specific scope, deliverables, timeline, and fees for any professional engagement shall be defined in a separate written agreement, statement of work, or service proposal executed by both parties. These Terms of Service govern your use of our website and provide the general framework for our service relationships; however, the specific terms of any individual engagement shall be set forth in the applicable service agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without prior notice. We make no representation that our website or services will be available on a continuous, uninterrupted, or error-free basis, and we shall not be liable for any unavailability, interruption, or errors in the operation of our website or the provision of our services.

5. User Obligations and Acceptable Use

By using our website and services, you agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances. You further agree that you will not use our website or services for any unlawful, fraudulent, or unauthorized purpose, nor will you engage in any activity that interferes with or disrupts the operation of our website, servers, or networks connected to our website.

Prohibited activities include but are not limited to attempting to gain unauthorized access to any portion or feature of the website, or to any other systems or networks connected to the website; using any automated means such as robots, spiders, scrapers, or data mining tools to access, acquire, copy, or monitor any portion of the website or its content; transmitting any viruses, worms, malware, Trojan horses, or other destructive or harmful code; engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure; reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software or technology underlying the website; removing, circumventing, disabling, or otherwise interfering with any security-related features of the website; and impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these acceptable use provisions, including without limitation reporting such violations to law enforcement authorities.

6. Intellectual Property Rights

All content, features, and functionality available on or through our website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, code, and the design, selection, and arrangement thereof, are owned by RWEST VENTURES, 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 or proprietary rights laws.

The RWEST VENTURES name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RWEST VENTURES, 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 appearing on this website are the trademarks of their respective owners.

You are granted 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 legitimate business evaluation of our services. This license does not include any right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website except as incidental to normal web browsing or as expressly permitted in writing by us. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

For professional service engagements, the ownership and licensing of deliverables, including system designs, architecture diagrams, configuration templates, and custom code developed for a client, shall be governed by the terms of the specific service agreement entered into between the parties. Unless otherwise agreed in writing, the Company retains ownership of all pre-existing intellectual property, tools, methodologies, and frameworks used in the delivery of services.

7. User Content and Submissions

Our website may allow you to submit, upload, publish, or otherwise transmit content, including but not limited to inquiries submitted through our contact form, project descriptions, and other communications. You retain ownership of any intellectual property rights that you hold in such user content. By submitting content to us, you grant RWEST VENTURES, LLC a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and distribute such content solely for the purpose of responding to your inquiry, providing the requested services, and improving our service offerings.

You represent and warrant that you own or control all rights in and to any content you submit, that such content is accurate, that use of the content you supply does not violate these Terms or any applicable law, and that you will indemnify the Company for all claims resulting from content you supply. We reserve the right, but have no obligation, to monitor, edit, or remove any user content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

8. Third-Party Services and Links

Our website may contain links to third-party websites, applications, or services that are not owned or controlled by RWEST VENTURES, LLC. 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 such third-party websites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. The inclusion of any link on our website does not imply endorsement, sponsorship, or recommendation by RWEST VENTURES, LLC of the linked website or its operator. Your interactions with third-party organizations or individuals found on or through our website, including payment and delivery of goods or services, are solely between you and such organizations or individuals.

9. Fees and Payment

Access to and general browsing of our website is provided free of charge. Fees for professional Computer Systems Design services, consulting engagements, and other service offerings shall be set forth in the applicable service agreement, statement of work, or proposal executed by both parties. Unless otherwise specified in a written agreement, all fees are quoted and payable in United States Dollars and are exclusive of applicable taxes, which shall be the responsibility of the client.

Payment terms, including invoicing schedules, due dates, accepted payment methods, and late payment consequences, shall be detailed in the applicable service agreement. The Company reserves the right to suspend or terminate services if payment is not received in accordance with the agreed terms. All fees paid are non-refundable unless expressly stated otherwise in the applicable service agreement or as required by applicable law.

10. Confidentiality

In the course of providing Computer Systems Design services, RWEST VENTURES, LLC may receive or have access to confidential, proprietary, or sensitive information belonging to you or your organization. Confidential Information includes but is not limited to business plans, system architectures, network topologies, security configurations, trade secrets, technical specifications, customer data, financial information, and any other information that is designated in writing as confidential or that reasonably ought to be understood as confidential given the nature of the information and the circumstances of disclosure.

The Company agrees to hold all Confidential Information in strict confidence and to use such information solely for the purpose of providing the agreed-upon services. We shall not disclose Confidential Information to any third party without your prior written consent, except as required by law, court order, or governmental regulation. Our confidentiality obligations shall be implemented through appropriate administrative, technical, and physical safeguards consistent with industry standards for the protection of sensitive business information.

Confidential Information does not include information that is or becomes publicly available through no breach of these Terms by the Company, is independently developed by the Company without use of or reference to your Confidential Information, is rightfully received by the Company from a third party without restriction on disclosure, or is required to be disclosed by law, provided that the Company gives you prompt written notice of such requirement to the extent legally permitted and cooperates with your efforts to limit or prevent such disclosure.

The confidentiality obligations set forth in this section shall survive termination of these Terms and any applicable service agreement for a period of five years, or such longer period as may be required by applicable law or the terms of a specific service agreement.

11. Limitation of Liability

To the fullest extent permitted by applicable law, including the laws of the State of Utah, in no event shall RWEST VENTURES, LLC, its members, managers, officers, employees, agents, contractors, affiliates, successors, or assigns be liable to you or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages whatsoever, including without limitation damages for loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, cost of procurement of substitute goods or services, 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, statute, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, to the fullest extent permitted by applicable law, the aggregate liability of RWEST VENTURES, LLC for any claims arising out of or relating to these Terms or the website or services, whether in contract, tort, or otherwise, shall not exceed the greater of the total amount paid by you to the Company for services during the twelve-month period preceding the event giving rise to the claim, or one hundred United States Dollars. The limitations of liability set forth in this section shall apply even if any limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or the limitation of liability for death or personal injury caused by negligence, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of RWEST VENTURES, LLC shall be limited to the maximum extent permitted by law.

12. Disclaimer of Warranties

Your use of the website and our services is at your sole risk. The website and all content, materials, information, products, and services included in or made available through the website are provided on an as is and as available basis without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by applicable law, RWEST VENTURES, LLC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing, course of performance, or usage of trade. The Company makes no warranty that the website will meet your requirements, that the website will be available on an uninterrupted, timely, secure, or error-free basis, that the results that may be obtained from the use of the website will be accurate or reliable, that any errors or defects in the website will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components.

No advice or information, whether oral or written, obtained by you from RWEST VENTURES, LLC or through the website shall create any warranty not expressly stated in these Terms. The Company assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.

13. Indemnification

You agree to defend, indemnify, and hold harmless RWEST VENTURES, LLC, its members, managers, officers, employees, agents, contractors, affiliates, 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 your violation of these Terms of Service, your use of the website or services in any manner not expressly authorized by these Terms, your user content, your violation of any applicable law, rule, or regulation, or your infringement or misappropriation of any intellectual property or other right of any third party.

The Company reserves 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 that imposes any obligation or liability on the Company without our prior written consent.

14. Termination

These Terms of Service shall remain in full force and effect while you use the website or engage our services. We may terminate or suspend your access to the website and services, in whole or in part, at any time, with or without cause, and with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Upon termination, your right to use the website and services will immediately cease. You may terminate these Terms at any time by discontinuing your use of the website and providing written notice to the Company. Termination of these Terms does not relieve you of any obligation to pay fees accrued prior to the effective date of termination, nor does it affect any rights or obligations that have accrued prior to termination.

We shall not be liable to you or any third party for any termination of your access to the website or services. If you wish to terminate any ongoing service engagement, the termination provisions set forth in the applicable service agreement shall govern.

15. Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Utah, United States, without giving effect to any conflict of law principles that would result in the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Any legal suit, action, or proceeding arising out of or relating to these Terms or the website or services shall be instituted exclusively in the state courts located in Davis County, Utah, or the federal courts of the United States located in the District of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Before initiating any formal legal action, you agree to first contact us at team@rwestventures.mom and attempt to resolve the dispute informally. We will also attempt to resolve the dispute informally by contacting you. If the dispute is not resolved within sixty days of the initial notification, either party may proceed with formal legal action in accordance with this section.

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 must be filed within one year after such claim or cause of action arose or be forever barred.

16. Changes to These Terms

We reserve the right, in our sole discretion, to modify, amend, supplement, or replace these Terms of Service at any time. When we make material changes, we will post the revised Terms on this page and update the effective date and last revised date at the top of this document. We may also provide additional notice through other means, such as email notification to registered users or a prominent notice on our website, depending on the nature and significance of the changes.

By continuing to access or use our website or services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the website or services and must discontinue use immediately. We encourage you to review these Terms periodically to stay informed about the conditions that govern your relationship with RWEST VENTURES, LLC.

17. General Provisions

Entire Agreement. These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions published by us on the website, constitute the entire agreement between you and RWEST VENTURES, LLC concerning the website and your use thereof, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof. For professional service engagements, these Terms are supplemented by the applicable service agreement, statement of work, or proposal, which together constitute the entire agreement for that engagement.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms.

Waiver. No waiver 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, 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. No waiver shall be effective unless made in writing and signed by an authorized representative of RWEST VENTURES, LLC.

Assignment. You may not assign or transfer these Terms, or any of the rights or obligations hereunder, without the prior written consent of RWEST VENTURES, LLC. The Company may assign or transfer these Terms, or any of its rights or obligations hereunder, at its sole discretion without restriction or notice. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Force Majeure. The Company shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, governmental actions, embargoes, labor disputes, utility failures, internet service disruptions, cyber-attacks not attributable to the Company's negligence, or other force majeure events.

Relationship of the Parties. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and RWEST VENTURES, LLC. You have no authority to bind the Company in any respect. The relationship between the parties is that of independent contractors.

Headings. The section headings and subheadings used in these Terms are included for convenience only and shall not affect the interpretation or construction of any provision herein.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to provide any notice required or permitted under these Terms, please contact us using the information below. We are committed to addressing your inquiries and will respond as promptly as reasonably possible.

19. Electronic Communications and Signatures

By using our website or communicating with us electronically, you consent to receive communications from us electronically, including via email and through notices posted on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that your electronic submission of information through our contact form or other interactive features constitutes your electronic signature and consent to be bound by these Terms and our Privacy Policy.

20. Compliance with Utah Law

RWEST VENTURES, LLC is organized under and operates in accordance with the laws of the State of Utah, including the Utah Limited Liability Company Act, Utah Code Title 48, Chapter 3a. Our Computer Systems Design services are provided in compliance with all applicable Utah state regulations governing technology consulting, professional services, and business operations. Any consumer protection rights afforded to you under Utah law, including those under the Utah Consumer Sales Practices Act and the Utah Protection of Personal Information Act, are preserved and not waived by these Terms to the extent such rights cannot be waived under applicable law.