1. Acceptance of Terms
Welcome to KMJ Insight, LLC. These Terms of Service govern your access to and use of the website located at www.kmjinsight.hair, including all subdomains, and any services, content, or materials provided by KMJ Insight, LLC, a company registered in the United States with its principal place of business at 11407 S Holly Springs Dr, South Jordan - 84009-1278, United States. By accessing or using our website or services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not access or use our website or services.
2. Definitions
For the purposes of these Terms of Service, the following terms have the meanings ascribed to them: Company, we, us, or our refers to KMJ Insight, LLC. Client, you, or your refers to the individual or legal entity accessing or using our website or services for their own benefit or on behalf of an organization. Services refers to all computer systems design services, computer integrated systems design services, consulting, and any related offerings provided by KMJ Insight. Website refers to all pages and content located at www.kmjinsight.hair and associated domains and subdomains. Content refers to all text, images, graphics, data, software, documentation, and other materials made available on the website or through the services.
3. Services Description
KMJ Insight, LLC provides professional computer systems design and computer integrated systems design services. These services include but are not limited to systems architecture planning, technology integration engineering, data systems design, cloud and hybrid infrastructure implementation, security systems integration, automation and orchestration, technology consulting, and ongoing systems optimization and support. The specific scope, deliverables, timelines, and fees for any project will be defined in a separate service agreement or statement of work executed by both parties. These Terms of Service govern the general relationship, while any signed service agreement governs the specific engagement terms.
4. Intellectual Property Rights
Unless otherwise stated, KMJ Insight, LLC and its licensors own all intellectual property rights in the website, its content, and all materials, methodologies, frameworks, and deliverables created or developed by KMJ Insight in the course of providing its services. All trademarks, service marks, logos, and trade names displayed on the website or used in connection with the services are the property of KMJ Insight or their respective owners.
Subject to these Terms of Service, KMJ Insight grants you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your internal business purposes. You may not reproduce, modify, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any content or materials obtained from the website or through the services without the prior written consent of KMJ Insight.
Upon full payment for services rendered, KMJ Insight grants the client a perpetual, non-exclusive, non-transferable license to use the deliverables produced specifically for that client, subject to the terms of the applicable service agreement. KMJ Insight retains all right, title, and interest in its underlying tools, methodologies, and pre-existing intellectual property incorporated into those deliverables.
5. Client Responsibilities
As a client of KMJ Insight, you agree to: provide accurate, complete, and timely information necessary for the performance of services; cooperate with KMJ Insight personnel and provide reasonable access to your systems, facilities, and personnel as needed; designate a point of contact authorized to make decisions and approve deliverables; comply with all applicable laws and regulations in connection with your use of our services; maintain the confidentiality of any access credentials, API keys, or other security credentials provided to you; and not use the services for any unlawful purpose or in violation of any third-party rights. You are responsible for obtaining and maintaining any necessary consents, licenses, or permissions required for KMJ Insight to perform services on your behalf or access your systems.
6. Fees and Payment
Fees for services will be as set forth in the applicable service agreement or statement of work. Unless otherwise agreed in writing, all fees are due and payable within thirty days of invoice date. Late payments may incur interest at the rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is less. KMJ Insight reserves the right to suspend services or terminate any agreement if payment is not received when due. All fees are exclusive of taxes, and you are responsible for paying all applicable sales, use, value-added, withholding, or other taxes or governmental charges arising from your use of the services, except for taxes based on KMJ Insights net income.
7. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information disclosed by one party to the other in connection with the services, whether before or after the effective date of any agreement. Confidential information includes but is not limited to business plans, technical data, trade secrets, product designs, financial information, client lists, and proprietary software or methodologies. Neither party shall disclose confidential information to any third party without the prior written consent of the disclosing party, except as required by law. Each party shall use at least the same degree of care to protect the others confidential information as it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care. These confidentiality obligations survive termination of any agreement for a period of three years.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall KMJ Insight, LLC, its officers, directors, employees, agents, or affiliates be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the website or services. The aggregate liability of KMJ Insight for any claims arising out of or relating to these Terms of Service or the services, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to KMJ Insight in the twelve-month period preceding the event giving rise to the claim. This limitation of liability applies regardless of the theory of liability and even if KMJ Insight has been advised of the possibility of such damages.
9. Warranty Disclaimer
Our website and services are provided on an as is and as available basis, without any warranties of any kind, either express or implied. KMJ Insight expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. KMJ Insight does not warrant that the website will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected. KMJ Insight makes no representation regarding the reliability, accuracy, completeness, or timeliness of any content on the website or any results obtained from the use of the website or services.
10. Indemnification
You agree to indemnify, defend, and hold harmless KMJ Insight, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys fees, arising out of or relating to your use of the website or services, your violation of these Terms of Service, your violation of any applicable law or regulation, or your infringement of any third-party intellectual property or other rights. KMJ Insight reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with KMJ Insight in asserting any available defenses.
11. Termination
These Terms of Service remain in effect until terminated by either party. You may terminate these terms at any time by ceasing all use of the website and services. KMJ Insight may terminate or suspend your access to the website or services at any time, without prior notice or liability, for any reason, including if you breach any provision of these terms. Upon termination, your right to use the website and services will immediately cease. Provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and confidentiality obligations.
12. Governing Law and Dispute Resolution
These Terms of Service and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these terms or the services shall be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty days, the parties agree to submit the dispute to mediation in Salt Lake County, Utah. If mediation is unsuccessful, either party may initiate binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration to be held in Salt Lake City, Utah. Each party shall bear its own costs and attorneys fees in any arbitration or legal proceeding, unless otherwise awarded by the arbitrator or court. Nothing in this section shall prevent KMJ Insight from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
13. Changes to Terms
KMJ Insight reserves the right to modify or replace these Terms of Service at any time. Material changes will be posted on this page with an updated revision date. Your continued use of the website or services after any such changes constitutes your acceptance of the new terms. We encourage you to review these Terms of Service periodically. If you do not agree to the modified terms, you must discontinue use of the website and services.
14. Entire Agreement
These Terms of Service, together with any service agreement, statement of work, or other documents referenced herein, constitute the entire agreement between you and KMJ Insight regarding the subject matter and supersede all prior and contemporaneous agreements, proposals, communications, and understandings, whether written or oral. No modification of these terms shall be effective unless in writing and signed by an authorized representative of KMJ Insight.
15. Severability
If any provision of these Terms of Service is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect and continue to be binding and enforceable.
16. Waiver
No waiver of any provision of these Terms of Service shall be effective unless in writing and signed by the party against whom the waiver is asserted. Failure by either party to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision, nor shall it prevent that party from enforcing that or any other right or provision in the future.
17. Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms of Service due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, governmental actions, pandemics, strikes, labor disputes, power outages, internet service disruptions, or failures of third-party infrastructure. The affected party shall provide prompt notice of the force majeure event and resume performance as soon as reasonably practicable.
18. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
KMJ Insight, LLC
11407 S Holly Springs Dr
South Jordan, UT 84009-1278
United States
Email: reach@kmjinsight.hair
Phone: +1 (309) 909-9358