Legal

Terms of Service

Effective Date: January 1, 2025  •  Last Updated: January 1, 2025  •  Entity: BBurch RD LLC

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at www.bburch.shop (the "Site") or engaging the professional services of BBurch RD LLC ("Company," "we," "us," or "our"). By accessing or using the Site or our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or services.

1. Acceptance of Terms

By accessing this Site, you confirm that you are at least 18 years of age, have the legal capacity to enter into binding agreements, and agree to comply with and be bound by these Terms. If you are accessing this Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Services

BBurch RD LLC provides professional technology services including but not limited to computer systems design and integration, custom software development, IT consulting and strategy, cybersecurity solutions, cloud and data engineering, and network infrastructure design. Specific services are governed by individual statements of work, project agreements, or service contracts entered into between you and the Company ("Service Agreements").

3. Use of the Website

3.1 Permitted Use

You may use this Site for lawful purposes and in accordance with these Terms. You agree not to use the Site:

3.2 Site Availability

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

4. Intellectual Property Rights

4.1 Company Content

The Site and its entire contents, features, and functionality — including but not limited to all information, software, text, graphics, logos, images, and the design, selection, and arrangement thereof — are owned by BBurch RD LLC, its licensors, or other providers of such material and are protected by applicable intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of the material on our Site without our prior written consent.

4.2 Trademarks

The BBurch RD LLC name, logo, and all related names, logos, product and service names, and slogans are trademarks of BBurch RD LLC. You must not use such marks without the prior written permission of the Company.

4.3 Client Work Product

Intellectual property ownership in deliverables produced as part of a professional service engagement shall be governed by the applicable Service Agreement between the Company and the client. Unless otherwise agreed in writing, final deliverables paid for in full by the client are assigned to the client upon receipt of full payment.

5. Professional Services — General Terms

5.1 Service Agreements

All professional services provided by BBurch RD LLC are subject to a separate written Service Agreement. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall govern with respect to the subject matter of the services.

5.2 Accuracy of Information

You agree to provide accurate, current, and complete information when engaging our services and to promptly update such information as necessary. BBurch RD LLC is not responsible for service failures or delays resulting from inaccurate or incomplete information provided by you.

5.3 Client Responsibilities

The successful delivery of services often depends on timely cooperation from the client, including provision of access, information, feedback, and approvals. Delays caused by client non-responsiveness may affect project timelines and are not attributable to the Company.

5.4 Fees and Payment

Fees for professional services are set forth in individual Service Agreements. Unless otherwise specified, invoices are due within thirty (30) days of issuance. The Company reserves the right to suspend services for overdue accounts and to charge interest on late payments at the maximum rate permitted by applicable law.

6. Confidentiality

Each party agrees to hold the other's confidential information in strict confidence and not to disclose such information to third parties without prior written consent, except as required by law or as necessary to fulfill obligations under a Service Agreement. Confidential information does not include information that is or becomes publicly known through no breach of this obligation, was rightfully known to the receiving party prior to disclosure, or is independently developed without reference to the confidential information.

7. Disclaimer of Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Information on this Site is provided for general informational purposes only and does not constitute professional advice. Reliance on such information is solely at your own risk.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BBURCH RD LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR OUR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall the Company's aggregate liability to you for all claims arising from or related to the Site or services exceed the greater of (a) the total fees paid by you to the Company in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

9. Indemnification

You agree to defend, indemnify, and hold harmless BBurch RD LLC, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and service providers from and against any 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 or your use of the Site, including any use of the Site's content other than as expressly authorized herein.

10. Third-Party Links and Content

The Site may contain links to third-party websites and resources. These links are provided for convenience only. We have no control over the content of such sites and resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party site linked from our Site, you do so entirely at your own risk.

11. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

12. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Escambia County, Florida, and you consent to the personal jurisdiction and venue of such courts.

13. Dispute Resolution

Prior to initiating formal legal proceedings, the parties agree to attempt to resolve any dispute, claim, or controversy through good-faith negotiation. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, either party may proceed with appropriate legal action as permitted by these Terms.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

15. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or 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. Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Agreements, constitute the entire agreement between you and BBurch RD LLC with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17. Changes to Terms

We reserve the right to revise these Terms at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. Your continued use of the Site following the posting of revised Terms means you accept and agree to the changes. It is your responsibility to review these Terms periodically.

18. Contact Information

Questions, comments, or requests regarding these Terms should be directed to:

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