Terms of Service
These Terms of Service constitute a legally binding agreement between you and CHYANDOUR, LLC governing your access to and use of the website located at www.chyandour.mom and any related services provided by CHYANDOUR, LLC. By accessing or using the website, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to these terms, you must not access or use the website.
1. Definitions
For the purposes of these Terms of Service, the following definitions apply:
- Company refers to CHYANDOUR, LLC, a limited liability company organized under the laws of the State of Maine, United States, with its principal place of business at 20 Oak St, Ellsworth, ME 04605-1634.
- Website refers to the internet site located at www.chyandour.mom and all subdomains, pages, and content contained therein.
- Services refers to the computer systems design, systems integration, consulting, and related professional services offered by the Company.
- User, You, and Your refer to the individual or entity accessing or using the Website or Services.
- Content refers to all text, images, graphics, code, data, and other materials displayed on or available through the Website.
2. Acceptance of Terms
By accessing the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms. These terms apply to all visitors, users, and others who access or use the Website.
3. Description of Services
CHYANDOUR, LLC provides computer systems design and integration services including but not limited to systems architecture consulting, cloud engineering, cybersecurity assessment and implementation, network engineering, data integration, and managed IT services. The specific scope, deliverables, timeline, and fees for any professional services engagement are set forth in a separate written agreement or statement of work executed by both parties. No professional services relationship is created solely by your use of this Website.
4. Intellectual Property Rights
4.1 Website Content
All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and compilation of the Website, is the exclusive property of CHYANDOUR, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The CHYANDOUR name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CHYANDOUR, LLC or its affiliates.
4.2 Limited License
CHYANDOUR, LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any Content without the prior written consent of CHYANDOUR, LLC, except as expressly permitted by these terms or applicable law.
4.3 User Submissions
Any information, feedback, suggestions, ideas, or other materials you submit through the Website or to the Company (collectively, Submissions) are considered non-confidential and non-proprietary. By making a Submission, you grant CHYANDOUR, LLC a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submission for any purpose without compensation or attribution.
5. User Obligations and Acceptable Use
You agree to use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
- Attempt to gain unauthorized access to any portion of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website.
- Use any automated means including robots, spiders, crawlers, or scrapers to access, acquire, copy, or monitor any portion of the Website without prior written authorization.
- Introduce any viruses, worms, Trojan horses, logic bombs, or other malicious or technologically harmful material.
- Attempt to interfere with the proper working of the Website, including through denial-of-service attacks or distributed denial-of-service attacks.
- Use the Website to transmit, distribute, or store material that is defamatory, obscene, threatening, harassing, or otherwise objectionable.
- Impersonate or misrepresent your affiliation with any person or entity.
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
6. Third-Party Links and Services
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by CHYANDOUR, LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that CHYANDOUR, LLC 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 such content, goods, or services available on or through any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.
7. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CHYANDOUR, LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
CHYANDOUR, LLC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHYANDOUR, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF CHYANDOUR, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF CHYANDOUR, LLC FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Indemnification
You agree to defend, indemnify, and hold harmless CHYANDOUR, LLC and its members, managers, officers, employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms of Service; (b) your use of the Website or Services; (c) your Submissions; or (d) your violation of any third-party rights, including intellectual property rights.
10. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Maine, United States, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or relating to these terms or the Website shall be instituted exclusively in the federal or state courts located in Hancock County, Maine. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Termination
CHYANDOUR, LLC reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website at any time, with or without notice, for any reason or no reason, including without limitation any violation of these Terms of Service. Upon termination, your right to access and use the Website shall immediately cease. The provisions of these terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers of warranties, limitations of liability, indemnification, and governing law.
12. Modifications to Terms
CHYANDOUR, LLC reserves the right to modify or replace these Terms of Service at any time at its sole discretion. If a revision is material, we will make reasonable efforts to provide notice on the Website or via email at least thirty (30) days before the new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Website.
13. Severability and Waiver
If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect. The failure of CHYANDOUR, LLC to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. No waiver of any term or condition shall be effective unless in writing and signed by an authorized representative of CHYANDOUR, LLC.
14. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and CHYANDOUR, LLC regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. For professional services engagements, the terms of any separately executed statement of work or master services agreement shall govern and take precedence over any conflicting provisions in these terms with respect to those specific services.
15. Contact Information
For questions, concerns, or notices regarding these Terms of Service, please contact us:
CHYANDOUR, LLC20 Oak St
Ellsworth, ME 04605-1634
United States
Email: eileen.d@chyandour.mom
Phone: +1 (802) 710-4285