These Terms of Service govern your use of the DCGJKMN LLC website and the professional technology services we provide. Please read these terms carefully before accessing our website or engaging our services.
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Client," or "you") and DCGJKMN LLC, a limited liability company organized under the laws of the State of Colorado, with its principal place of business at 5002 Ardley Dr, Colorado Springs, CO 80922, United States ("Company," "we," "us," or "our").
By accessing or using our website at https://www.dcgjkmnllc.shop (the "Website"), submitting any inquiry or project request, or engaging our professional technology services (collectively, the "Services"), you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are accessing or using our Services 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. In such cases, "you" and "your" refer to that entity.
If you do not agree with any part of these Terms, you must not access our Website or engage our Services. We reserve the right to modify these Terms at any time, and your continued use of the Website or Services constitutes acceptance of the modified Terms.
DCGJKMN LLC provides professional technology services classified under Computer Systems Design and Related Services (NAICS Code 5415), including but not limited to:
The specific scope, deliverables, timeline, fees, and terms applicable to any client engagement shall be set forth in a separate written Statement of Work, Master Services Agreement, or Service Order (collectively, "Project Agreement") entered into between DCGJKMN LLC and the applicable client. In the event of any conflict between these Terms and a Project Agreement, the Project Agreement shall govern with respect to the specific engagement.
You may access and use our Website for lawful purposes in connection with evaluating or engaging our Services, subject to these Terms. You agree to use the Website in a manner consistent with all applicable laws and regulations.
You agree not to engage in any of the following prohibited activities in connection with your use of our Website or Services:
Violation of this Acceptable Use Policy may result in immediate termination of your access to our Website and Services, and may give rise to civil and/or criminal liability.
The Website and all of its content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are the proprietary property of DCGJKMN LLC or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The DCGJKMN LLC name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DCGJKMN LLC. You may not use such marks without our prior written permission. All other names, logos, and trademarks referenced on the Website are the property of their respective owners.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for your personal and business evaluation purposes. This license does not include any right to: (a) resell or commercial use of the Website or its contents; (b) reproduce, distribute, modify, or create derivative works; (c) download or copy any content except for incidental caching in the course of normal browser operation; or (d) use any data mining or extraction tools with respect to our Website content.
With respect to any client engagement under a Project Agreement, intellectual property ownership, licensing, and usage rights shall be governed exclusively by the applicable Project Agreement. Unless otherwise specified in writing, DCGJKMN LLC retains all rights to pre-existing tools, methodologies, frameworks, libraries, and know-how developed independently of any specific client engagement. Client-specific deliverables shall be addressed in the applicable Project Agreement.
In the course of evaluating or engaging our Services, you may disclose to us, and we may disclose to you, information that is proprietary or confidential in nature. Each party agrees to: (a) maintain the confidentiality of the other party's confidential information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) not disclose the other party's confidential information to any third party without prior written consent, except to employees, contractors, and advisors who have a legitimate need to know and are bound by obligations of confidentiality no less protective than those set forth herein; and (c) not use the other party's confidential information for any purpose other than fulfilling obligations or exercising rights under these Terms or any Project Agreement.
Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no breach of these Terms; (ii) was known to the receiving party prior to disclosure; (iii) is independently developed by the receiving party without reference to the disclosing party's confidential information; or (iv) is required to be disclosed by law, regulation, or court order, provided that the receiving party provides prompt written notice to the disclosing party to the extent permitted by law.
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE.
WHILE WE STRIVE TO DELIVER HIGH-QUALITY PROFESSIONAL TECHNOLOGY SERVICES, DCGJKMN LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE RESULTS TO BE OBTAINED FROM THE USE OF OUR SERVICES. SPECIFIC WARRANTIES, REPRESENTATIONS, AND SERVICE LEVEL COMMITMENTS APPLICABLE TO A PARTICULAR CLIENT ENGAGEMENT SHALL BE SET FORTH EXCLUSIVELY IN THE APPLICABLE PROJECT AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DCGJKMN LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF DCGJKMN LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL DCGJKMN LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). LIABILITY ARISING FROM A SPECIFIC CLIENT SERVICES ENGAGEMENT SHALL BE LIMITED AS SET FORTH IN THE APPLICABLE PROJECT AGREEMENT.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless DCGJKMN LLC, its members, officers, employees, agents, contractors, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Website in a manner inconsistent with these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights, including intellectual property rights or privacy rights.
Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by DCGJKMN LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant or represent the accuracy or completeness of any information contained on third-party websites. We strongly advise you to review the terms of service and privacy policy of any third-party website you visit. Your use of and interaction with any third-party website is governed by the terms and policies applicable to that website.
Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website or Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
By using our Website or contacting us electronically, you consent to receiving electronic communications from us. These communications may include operational notices, service updates, responses to your inquiries, and, where you have opted in, marketing communications. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to these Terms or your use of the Website that cannot be resolved through good-faith negotiation shall be subject to the exclusive jurisdiction of the state and federal courts located in El Paso County, Colorado. You hereby consent and submit to the personal jurisdiction of such courts.
Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of not less than thirty (30) days following written notice of the dispute. If the dispute cannot be resolved through negotiation, the parties may agree to mediation as an alternative to litigation.
Any claim arising out of or relating to these Terms must be brought within one (1) year of the date the claim arose, or it will be permanently barred, to the maximum extent permitted by applicable law.
DCGJKMN LLC shall not be liable for any failure or delay in performing its obligations under these Terms or any Project Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, telecommunications failures, cyberattacks by third parties, or power outages. We will notify you promptly of any such circumstances and use commercially reasonable efforts to resume performance as soon as practicable.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
No waiver by DCGJKMN LLC of any term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Failure of DCGJKMN LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any applicable Project Agreement, constitute the entire agreement between you and DCGJKMN LLC with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, negotiations, representations, and understandings, whether oral or written, relating to such subject matter. No oral or written information or advice given by DCGJKMN LLC or its representatives shall create a warranty or representation not expressly stated in these Terms or a Project Agreement.
We reserve the right to revise and update these Terms at any time at our sole discretion. All changes are effective immediately upon posting to the Website and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review the Terms periodically to ensure you are familiar with the current version. The "Last Updated" date at the top of this page indicates when the Terms were most recently revised.
If you have any questions, concerns, or requests regarding these Terms of Service, or to report any violations, please contact us:
DCGJKMN LLC
5002 Ardley Dr
Colorado Springs, CO 80922
United States
Email: support@dcgjkmnllc.shop
Phone: +1 574 628 7904
Website: https://www.dcgjkmnllc.shop