Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and HUIS PERFORMANCE HORSES, LC, doing business as Huis Performance, located at 1022 W 2200 N, Pleasant Grove, UT 84062-4005, United States, concerning your access to and use of the https://www.huisperformance.lol website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these terms, you are expressly prohibited from using the website and services, and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the Last updated date of these Terms of Service, and you waive any right to receive specific notice of each such change.

Services Description

Huis Performance provides computer systems design and related services, including but not limited to systems architecture design, cloud infrastructure engineering, enterprise software development, cybersecurity consulting, data engineering and analytics, DevOps and platform engineering, and technical consulting services within the Computer Systems Design and Related Services industry and the broader Professional, Scientific, and Technical Services sector.

All services are provided on a contractual basis governed by separate statements of work, service agreements, or project proposals executed between Huis Performance and the client. These Terms of Service apply to your use of our website and form the foundation for all service engagements. In the event of any conflict between these Terms of Service and a separately executed service agreement, the provisions of the service agreement shall prevail.

Intellectual Property Rights

Unless otherwise indicated, the website and its entire contents, features, and functionality — including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof — are owned by Huis Performance, 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.

These Terms of Service permit you to use the website for your personal, non-commercial use only, or for legitimate business purposes related to evaluating or engaging our services. 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 generally and ordinarily permitted through the website according to these Terms of Service.

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

User Representations

By using the website, you represent and warrant that:

  • All registration and contact information you submit will be true, accurate, current, and complete.
  • You have the legal capacity and you agree to comply with these Terms of Service.
  • You are not under the age of 18.
  • You will not access the website through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted by us.
  • You will not use the website for any illegal or unauthorized purpose.
  • Your use of the website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access and refuse any and all current or future use of the website and services.

Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

  • Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and the content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and the website.
  • Use any information obtained from the website in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the website in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the website.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any partys uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
  • Delete the copyright or other proprietary rights notice from any content.
  • Copy or adapt the websites software, including but not limited to HTML, CSS, JavaScript, or other code.
  • Use the website as part of any effort to compete with us or otherwise use the website and the content for any revenue-generating endeavor or commercial enterprise not expressly authorized.

Client Content and Data

In the course of providing our services, you may provide us with data, information, materials, specifications, system access credentials, and other content necessary for the performance of our services. You retain all ownership rights to such content.

By providing such content, you grant us a limited, non-exclusive, royalty-free license to use, reproduce, and process such content solely as necessary to perform the contracted services. This license terminates upon completion of the services and your final payment, except to the extent we are required to retain copies for legal or archival purposes as described in our Privacy Policy.

You represent and warrant that you have all rights, licenses, and permissions necessary to provide us with any client content, and that such content does not infringe upon the intellectual property rights or other rights of any third party.

Third-Party Content

The website may contain links to third-party websites and services, as well as articles, photographs, text, graphics, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties. Such links and content are provided for your convenience only and do not imply our endorsement, sponsorship, or recommendation.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, or for any other materials, products, or services of third parties. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

Fees and Payment

Fees for our services are determined on a project-by-project basis and are set forth in individual service agreements, statements of work, or project proposals. Unless otherwise stated in the applicable service agreement, all fees are due and payable within 30 calendar days of invoice date.

We reserve the right to suspend or terminate services if payment is not received within the agreed-upon payment terms. Late payments may be subject to interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower, calculated from the due date until the date payment is received in full.

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties, excluding only taxes based on our net income.

Confidentiality

Both parties acknowledge that during the course of the business relationship, each may receive or have access to confidential information of the other party. Confidential information includes all non-public information, whether in written, oral, electronic, or other form, that the disclosing party identifies as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to hold the other partys confidential information in strict confidence and not to disclose such information to any third party without the disclosing partys prior written consent, except as required by law. Each party shall use the other partys confidential information only for the purpose of performing its obligations under the applicable service agreement.

The confidentiality obligations shall survive the termination or expiration of any service agreement for a period of five years or, in the case of trade secrets, indefinitely.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Huis Performance, its directors, officers, employees, contractors, agents, or affiliates 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 business, loss of goodwill, business interruption, or other intangible losses, arising out of or relating to your use of, or inability to use, the website or our services, regardless of the legal theory upon which such claim is based and even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to these terms or our services, whether in contract, tort, or otherwise, shall not exceed the total amount of fees actually paid by you to Huis Performance during the twelve-month period immediately preceding the event giving rise to the claim. The existence of more than one claim shall not enlarge this limit.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Disclaimer of Warranties

The website and our services are provided on an as-is and as-available basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the websites content or the content of any websites linked to the website, and we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage of any nature whatsoever resulting from your access to and use of the website, any unauthorized access to or use of our secure servers and any personal information stored therein, any interruption or cessation of transmission to or from the website, or any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party.

Indemnification

You agree to defend, indemnify, and hold harmless Huis Performance, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses including reasonable attorneys fees arising from or related to your use of the website, your violation of these Terms of Service, your violation of any third-party right, including any intellectual property or privacy right, or any claim that your client content caused damage to a third party.

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 these claims. You agree not to settle any matter without our prior written consent.

Term and Termination

These Terms of Service shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms of Service, we reserve the right to deny access to and use of the website to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation.

Upon termination, your right to use the website will cease immediately. The provisions of these Terms of Service which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution

These Terms of Service and your use of the website are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Utah County, Utah, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service, both parties agree to first attempt to negotiate any dispute informally for at least 30 calendar days before initiating any arbitration or court proceeding. Informal negotiations shall commence upon written notice from one party to the other.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be Salt Lake City, Utah. The language of the arbitration shall be English. The arbitral award shall be final and binding on both parties.

Limitations Period

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the website must be commenced within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Corrections and Modifications

There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.

Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid provision.

Waiver

No waiver by Huis Performance of any term or condition set out 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. Any failure of Huis Performance to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any separately executed service agreements, statements of work, or project proposals, constitute the entire agreement between you and Huis Performance regarding your use of the website and our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter.

Contact Us

To resolve a complaint regarding the website or services, or to receive further information regarding use of the website, please contact us at:

Huis Performance
HUIS PERFORMANCE HORSES, LC
1022 W 2200 N
Pleasant Grove, UT 84062-4005
United States

Email: connect@huisperformance.lol
Phone: +1 (712) 962-7946