1. Acceptance of Terms
These Terms of Service (hereinafter referred to as Terms) constitute a legally binding agreement between you, whether personally or on behalf of an entity (you or your), and EEPHUS LLC, a company organized under the laws of the United States with its principal place of business at 3682 S Jessamine Dr, St George - 84790-1790, United States (US) (EEPHUS, the Company, we, us, or our). These Terms govern your access to and use of the website located at https://www.eephus.lat (the Site) and any related services, applications, content, and functionality offered through the Site (collectively, the Services).
By accessing or using the Site, you represent and warrant that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you are expressly prohibited from using the Site and the Services and must discontinue use immediately. Your continued use of the Site constitutes your ongoing acceptance of these Terms as they may be modified from time to time.
We reserve the right to refuse service, terminate accounts, or restrict access to the Site at our sole discretion and without prior notice if we determine, in good faith, that your conduct violates these Terms or is otherwise harmful to the Company, our clients, or the public interest. These Terms apply to all visitors, users, clients, and others who access or use the Site.
2. Description of Services
EEPHUS LLC provides computer systems design and related services within the Professional, Scientific, and Technical Services sector. Our Services include, but are not limited to, systems architecture consulting, cloud infrastructure design and deployment, cybersecurity assessment and engineering, data engineering and analytics platform development, DevOps and platform engineering, digital transformation strategy and execution, and related professional technical services.
The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written agreement, statement of work, or service contract executed between the Company and the client (each, a Service Agreement). In the event of any inconsistency between these Terms and a Service Agreement, the terms of the Service Agreement shall prevail with respect to the specific engagement described therein.
The Company reserves the right to modify, suspend, or discontinue any aspect of the Site or the Services at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services, except as expressly provided in an applicable Service Agreement. We make no representation that the Site or Services will be available on a continuous, uninterrupted, or error-free basis.
3. Eligibility and Account Responsibilities
By using the Site, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are accessing the Site on behalf of a legal entity, you further represent and warrant that you have the authority to bind that entity to these Terms. The Site is intended for use by individuals and organizations seeking professional computer systems design and related services.
If you create an account, register for access to restricted areas, or submit information through the Site, you are responsible for maintaining the confidentiality of any login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration or contact process and to update such information promptly if it changes. You agree to notify us immediately at dispatch@eephus.lat of any unauthorized use of your account or any other breach of security.
The Company reserves the right to suspend or terminate your account or access to the Site at any time and for any reason, including if we reasonably believe that you have violated any provision of these Terms, that your account information is inaccurate or incomplete, or that your continued access poses a security or operational risk to the Site or the Company.
4. Intellectual Property Rights
Unless otherwise expressly stated in a Service Agreement, the Site and all of its content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, page layout, underlying HTML and CSS, and the selection and arrangement thereof (collectively, the Company Content), are owned by EEPHUS 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.
These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and the Company Content for your personal or internal business purposes, subject to your compliance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Company Content except as expressly permitted by these Terms or with the prior written consent of the Company.
The EEPHUS name, the EEPHUS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, logos, products, and service names appearing on the Site are the trademarks of their respective owners.
5. User Content and Conduct
The Site may allow you to submit, upload, or transmit information, data, text, messages, or other materials (collectively, User Content) through contact forms, comment sections, forums, or other interactive features. You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content to the Site, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating, providing, and improving the Site and Services.
You represent and warrant that your User Content does not and will not violate any applicable law, infringe any third-party intellectual property or privacy rights, or contain material that is defamatory, obscene, threatening, harassing, or otherwise objectionable. You further agree not to use the Site to transmit any viruses, malware, or other harmful code, to engage in unauthorized access or data scraping, to impersonate any person or entity, or to interfere with the proper functioning of the Site.
The Company reserves the right, but assumes no obligation, to monitor, review, edit, or remove any User Content at its sole discretion and without notice. We are not responsible for any User Content posted by you or any third party, and we expressly disclaim all liability in connection with User Content to the fullest extent permitted by applicable law.
6. Third-Party Services and Links
The Site may contain links to websites, applications, or services operated by third parties that are not owned, controlled, or endorsed by EEPHUS. These links are provided solely for your convenience and do not imply any endorsement, sponsorship, or recommendation by the Company of the linked content, products, or services. We have no control over the content, privacy policies, or practices of any third-party websites and assume no responsibility for them.
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 content, goods, or services available on or through any third-party websites or services. We strongly advise you to review the terms of service and privacy policies of any third-party website that you visit.
If you choose to integrate third-party services with the Site or Services, you agree to comply with the terms and conditions of those third-party providers. The Company makes no representations or warranties regarding the compatibility, reliability, or security of any third-party integrations.
7. Disclaimer of Warranties
THE SITE AND THE SERVICES 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, EEPHUS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
Without limiting the foregoing, the Company does not warrant that the Site or Services will meet your requirements, achieve any particular result, be compatible with your hardware or software, be available on an uninterrupted, timely, secure, or error-free basis, or that any defects or errors will be corrected. The Company makes no representations or warranties regarding the accuracy, completeness, reliability, or currency of any content available on or through the Site.
Any reliance you place on information obtained through the Site is strictly at your own risk. The Company shall have no liability for any decisions made or actions taken based on information contained on the Site. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the exclusions and limitations shall apply to the maximum extent permitted by law.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EEPHUS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY 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 USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE AGGREGATE LIABILITY OF EEPHUS LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).
The limitations and exclusions of liability set forth in this section shall apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and shall survive any termination or expiration of these Terms. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so some or all of the above limitations may not apply to you. In such jurisdictions, the Company liability shall be limited to the maximum extent permitted by law.
9. Indemnification
You agree to defend, indemnify, and hold harmless EEPHUS LLC and its officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys fees and court costs, arising out of or relating to: (a) your use of or access to the Site and Services; (b) your violation of any provision of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (e) any User Content you submit, upload, or transmit through the Site.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with the Company in asserting any available defenses. You shall not settle any claim that imposes any obligation or liability on the Company without our prior written consent, which shall not be unreasonably withheld.
This indemnification obligation shall survive the termination or expiration of these Terms and your cessation of use of the Site and Services. The Company will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification provision promptly after becoming aware of it.
10. Termination
These Terms shall remain in full force and effect while you use the Site and Services. The Company may terminate or suspend your access to the Site and Services, in whole or in part, at any time and for any reason, with or without notice, including without limitation for a breach of these Terms or for conduct that the Company believes, in its sole discretion, to be harmful to the Company, its clients, or the public. Upon termination, your right to use the Site and Services shall immediately cease.
You may terminate these Terms at any time by discontinuing all use of the Site and Services. Termination shall not relieve you of any obligations or liabilities accrued prior to the effective date of termination. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
If the Company terminates your access to the Site and Services pursuant to this section, the Company shall have no liability to you or any third party for such termination. Any outstanding fees or charges owed by you to the Company under an applicable Service Agreement shall remain due and payable notwithstanding termination of these Terms.
11. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles that would result in the application of the laws of any other jurisdiction.
Subject to Section 12 (Dispute Resolution), you and the Company agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Washington County, Utah, for the resolution of any disputes arising out of or relating to these Terms or your use of the Site and Services. You waive any objection to such jurisdiction and venue on the grounds of forum non conveniens or otherwise.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or to any Service Agreement entered into between the parties. Any cause of action or claim you may have arising out of or relating to these Terms must be commenced within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.
12. Dispute Resolution
Informal Resolution: Before initiating any formal legal proceeding, you and the Company agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (a Dispute) informally and in good faith. The party raising the Dispute shall provide written notice to the other party describing the nature and basis of the Dispute and the relief sought. The parties shall then engage in good-faith discussions for a period of at least thirty (30) days from the date of receipt of the notice.
Binding Arbitration: If the Dispute cannot be resolved through informal negotiations within the thirty-day period, either party may elect to submit the Dispute to 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, failing agreement, appointed by the AAA. The arbitration shall take place in St George, Utah, unless the parties mutually agree to a different location or to conduct the arbitration remotely.
Class Action Waiver: To the fullest extent permitted by law, you and the Company agree that any Dispute shall be resolved on an individual basis only and not as part of any class, consolidated, collective, or representative action. The arbitrator shall have no authority to consolidate claims or to conduct proceedings on a class-wide basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.
Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or to preserve the status quo pending the outcome of arbitration. The prevailing party in any arbitration or legal proceeding arising out of these Terms shall be entitled to recover its reasonable attorneys fees and costs from the non-prevailing party.
13. Modifications to These Terms
EEPHUS reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time and without prior notice. When we make material changes, we will post the revised Terms on this page and update the Effective Date at the top of the document. We may, at our discretion, provide additional notice through the Site or by email to registered users.
Your continued use of the Site after the posting of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must immediately discontinue all use of the Site and Services. You are responsible for periodically reviewing these Terms to stay informed of any updates. Any changes to the dispute resolution provisions set forth in Section 12 shall not apply to any Disputes for which the parties had actual notice prior to the effective date of the change.
We encourage you to check this page frequently so that you are aware of the most current version of the Terms that govern your use of the Site. The Company may also impose limits on certain features or restrict your access to parts or all of the Site without notice or liability.
14. General Provisions
Entire Agreement: These Terms, together with any Service Agreement, our Privacy Policy, and any other legal notices or additional terms posted on the Site, constitute the entire agreement between you and EEPHUS LLC regarding your use of the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
Waiver: No waiver by the Company of any term or condition set out 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 of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver must be in writing and signed by an authorized representative of the Company to be effective.
Assignment: You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the prior written consent of the Company. The Company may assign or transfer these Terms, in whole or in part, at its sole discretion without restriction, including to a successor entity in the event of a merger, acquisition, or sale of assets. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their 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, labor disputes, governmental actions, internet or telecommunications outages, and pandemics or epidemics.
Relationship of the Parties: Nothing in these Terms shall be construed as creating a partnership, joint venture, agency relationship, or employment relationship between you and the Company. You have no authority to bind the Company in any respect.
15. Contact Information
If you have any questions, comments, or concerns regarding these Terms of Service, or if you need to contact the Company for any reason related to your use of the Site and Services, please reach out to us using the information below. We are committed to addressing all inquiries in a timely and professional manner.
EEPHUS LLC
3682 S Jessamine Dr
St George - 84790-1790
United States (US)
Email: dispatch@eephus.lat
Phone: +16674691757
Website: https://www.eephus.lat
For legal notices or formal correspondence, please send communications to the attention of the Legal Department at the physical address listed above. We recommend using a trackable delivery method for physical correspondence to ensure receipt. We will endeavor to acknowledge and respond to all substantive inquiries within five business days of receipt.