1. Acceptance of these terms
These Terms of Service ("Terms") are an agreement between you and EightFive Technology ("EightFive," "we," "us," or "our") concerning your access to and use of eightfivetechnology.com (the "Website"). By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.
You must be legally able to enter into these Terms. If you use the Website for an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
2. Website purpose
The Website provides general information about EightFive and our software consulting and development capabilities. Website content is for general informational purposes only and is not technical, legal, financial, or other professional advice. We may change, suspend, or discontinue any part of the Website at any time.
3. Client services and communications
These Terms govern the Website only. Any discovery work, consulting, software development, deliverables, fees, timelines, warranties, data processing, support, and ownership terms for paid services must be set out in a separate written agreement. If a separate agreement conflicts with these Terms regarding client services, the separate agreement controls.
Sending us an email or other inquiry does not create a client, confidential, fiduciary, or professional relationship. Do not send confidential information until we have agreed in writing to receive it on that basis.
4. Acceptable use
You agree not to:
- Use the Website in violation of any applicable law or regulation.
- Attempt to gain unauthorized access to the Website or related systems.
- Interfere with the Website's operation, security, or availability.
- Transmit malware, harmful code, or fraudulent or misleading content.
- Use automated means to scrape or extract content in a way that burdens the Website or bypasses access controls.
- Impersonate another person or misrepresent your affiliation with any person or organization.
5. Intellectual property
The Website and its original text, graphics, branding, design, code, and other content are owned by EightFive or used with permission and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for its intended informational purpose.
You may not copy, modify, distribute, sell, license, or create derivative works from Website content without our prior written permission, except as allowed by applicable law. Names, logos, and other marks displayed on the Website may be trademarks of their respective owners.
6. Third-party websites and services
The Website may link to third-party websites, products, or services. We do not control or endorse third-party offerings and are not responsible for their content, availability, security, or privacy practices. Your use of a third-party service is governed by its own terms and policies.
7. Disclaimers
To the fullest extent permitted by law, the Website is provided "as is" and "as available." We disclaim all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, secure, error-free, or complete, or that any content will remain current or accurate.
Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.
8. Limitation of liability
To the fullest extent permitted by law, EightFive and its owners, personnel, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity arising from or related to the Website or these Terms.
To the fullest extent permitted by law, our total liability for all claims arising from or related to the Website or these Terms will not exceed one hundred U.S. dollars (US $100). These limitations apply regardless of the legal theory and even if we were advised that damages were possible. They do not limit liability that cannot legally be limited or excluded.
9. General terms
Changes
We may update these Terms from time to time. The revised Terms will be posted here with a new effective date. Your continued use of the Website after revised Terms take effect means you accept them.
Applicable law
These Terms are governed by applicable law, without regard to conflict-of-law principles. Nothing in these Terms limits any mandatory consumer protection rights that apply to you.
Severability and waiver
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver of the right to enforce it later.
Entire agreement and assignment
These Terms and our Privacy Policy are the entire agreement between you and EightFive regarding the Website. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, reorganization, or sale of assets.
10. Contact us
Questions about these Terms may be sent to support@eightfivetechnology.com.