Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and Kit Durban DPT, PLLC, a provider of computer systems design and related services, and they govern your access to and use of the website located at https://www.durbandpt.lat and any related services we provide. By accessing or using our website, you agree to be bound by these terms in full.

If you do not agree with any part of these terms, you must not access or use our website or services. We encourage you to read these terms carefully and to retain a copy for your records. Your continued use of the website constitutes your ongoing acceptance of these terms and any updates that may be made from time to time.

These terms apply to all visitors, users, and clients of our website and services. If you are using our website or services on behalf of an organization, you represent that you have the authority to bind that organization to these terms, and the term you refers to both you and that organization.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply. The terms we, us, our, and the Company refer to Kit Durban DPT, PLLC, with its registered business address at 1220 28TH St, Ogden - 84403-0319, United States (US).

The term you and your refer to the individual or organization accessing or using the website or services. The term website refers to the site located at https://www.durbandpt.lat and all associated pages, content, and features. The term services refers to the computer systems design, computer integrated systems design, and related professional and technical services that we offer.

The term content refers to all text, graphics, images, logos, designs, and other materials made available on or through the website. The term user content refers to any information, data, text, or other materials that you submit, post, or transmit through the website or our services.

3. Description of Services

Kit Durban DPT, PLLC provides computer systems design and related services, including computer integrated systems design, systems architecture and planning, network design and infrastructure, data and systems security, and ongoing support and optimization. Our services are provided to clients through individual engagements that are governed by these terms and any separate written agreement entered into between you and the Company.

The information presented on our website is provided for general informational purposes only. While we strive to keep the information on our website accurate and up to date, we do not guarantee that it is complete, accurate, or current at all times. The content on our website is not intended to constitute professional advice, and you should not rely on it as a substitute for a formal consultation with our team.

We reserve the right to modify, suspend, or discontinue any part of our website or services at any time, with or without notice. We also reserve the right to limit the availability of our services to any person, geographic area, or jurisdiction, in our sole discretion.

Specific projects are typically documented through a separate written agreement that sets out the scope, deliverables, timeline, and fees for the engagement. In the event of any conflict between these Terms of Service and a signed written agreement, the terms of the signed agreement will control with respect to that specific engagement.

4. Eligibility

Our website and services are intended for individuals and organizations that can lawfully enter into binding agreements. By using our website or services, you represent that you are at least eighteen years of age, or the age of majority in your jurisdiction, whichever is higher, and that you have the legal capacity to enter into these terms.

If you are using our website or services on behalf of an organization, you represent that you are authorized to act on behalf of that organization and to bind it to these terms. Our services are not directed to children, and we do not knowingly provide services to individuals under the age of eighteen without appropriate parental or guardian consent.

5. User Accounts and Responsibilities

Certain features of our website or services may require you to provide information or to create an account. When you provide information to us, you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

You agree to notify us promptly if you become aware of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials or from your failure to notify us of unauthorized access in a timely manner.

We reserve the right to suspend or terminate any account or to refuse service to any user at our discretion, including where we reasonably believe that a user has violated these terms or engaged in conduct that is harmful to us, to other users, or to the integrity of our systems.

6. Acceptable Use

You agree to use our website and services only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit the use and enjoyment of the website by others. You agree not to use the website or services in any way that violates applicable local, state, national, or international law or regulation.

You agree not to attempt to gain unauthorized access to any part of our website, our systems, or any systems or networks connected to our website. You agree not to introduce any malicious or harmful code, to interfere with the proper working of our website, or to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

You agree not to use any automated means, including bots, scrapers, or crawlers, to access or collect information from our website without our prior written consent. You also agree not to use our website or services to transmit any material that is unlawful, defamatory, obscene, harassing, or otherwise objectionable.

You further agree not to misrepresent your identity or your affiliation with any person or organization, and not to attempt to bypass or disable any security or access controls we have put in place. Any violation of this acceptable use policy may result in the immediate suspension or termination of your access to our website and services.

7. Intellectual Property

All content on our website, including text, graphics, logos, icons, images, designs, and software, is the property of Kit Durban DPT, PLLC or its licensors and is protected by applicable intellectual property laws. The name Durban DPT, our logo, and all related names, marks, and design elements are the property of the Company and may not be used without our prior written permission.

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and view the content on our website for your personal, non-commercial use. This license does not permit you to reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content on our website without our prior written consent.

If you believe that any content on our website infringes your intellectual property rights, please contact us using the details provided below, and we will review your claim in accordance with applicable law.

8. User Content

You may submit information to us through our website, including through our contact form and other communication channels. By submitting user content to us, you grant us a non-exclusive, royalty-free, worldwide license to use, store, and process that content solely for the purpose of responding to your inquiry and providing our services.

You represent and warrant that any user content you submit is accurate, that you own or have the necessary rights to submit that content, and that your submission of that content does not violate any applicable law or the rights of any third party. We are not responsible for the content you submit, and we do not endorse any user content.

We reserve the right, but are not obligated, to review, remove, or refuse to display any user content in our sole discretion. We do not guarantee the confidentiality of any user content submitted through unencrypted channels, and you should avoid submitting sensitive or confidential information through our website.

9. Third-Party Services and Links

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We provide these links for your convenience only, and we have no control over, and assume no responsibility for, the content, privacy practices, or availability of any third-party websites or services.

The inclusion of any link does not imply our endorsement of the linked website or service, and your use of any third-party website or service is subject to the terms and conditions of that website or service. We encourage you to review the terms and privacy policies of any third-party websites you visit.

We are not responsible or liable for any loss or damage arising from your use of, or reliance on, any third-party website, service, or resource, including any transactions you enter into with third parties as a result of your use of our website.

Your interactions with any third-party service provider are solely between you and that provider. If you have a dispute with a third-party provider, you release the Company from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with that dispute.

10. Disclaimers

Our website and services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our website will be uninterrupted, secure, or free from errors or harmful components, or that any defects will be corrected. We do not warrant that the results obtained from the use of our website or services will be accurate or reliable, and we do not warrant that the content on our website is complete or current.

Your use of our website and services is at your sole risk. We do not guarantee that any particular outcome or result will be achieved through the use of our services, and any reliance you place on the information provided through our website is strictly at your own discretion.

11. Limitation of Liability

To the fullest extent permitted by law, Kit Durban DPT, PLLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or in connection with your use of, or inability to use, our website or services.

Our total aggregate liability to you for any claims arising out of or relating to these terms or your use of our website or services shall not exceed the greater of the amount you have paid to us for services in the twelve months preceding the event giving rise to the claim, or one hundred United States dollars.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the limitations described above may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kit Durban DPT, PLLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of our website or services, your violation of these terms, or your violation of the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of any such claims. You agree not to settle any claim without our prior written consent where such settlement would impose any obligation on us.

13. Termination

These terms remain in effect until terminated by either you or us. You may terminate these terms at any time by ceasing to use our website and services. We may terminate or suspend your access to our website and services at any time, with or without cause, and with or without notice, in our sole discretion.

Upon termination, your right to use our website and services will immediately cease, and any provisions of these terms that by their nature should survive termination, including the provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law, shall continue to apply.

14. Governing Law and Dispute Resolution

These terms 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 provisions. Any dispute arising out of or relating to these terms or your use of our website or services shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Utah.

Before initiating any formal legal proceeding, you agree to contact us directly using the details provided below to attempt to resolve any dispute informally. We are committed to resolving disputes in good faith, and we ask that you allow a reasonable period for informal resolution before pursuing formal remedies.

15. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our practices, our services, or applicable law. When we make changes, we will revise the effective date at the top of this page and post the updated terms on this website. Material changes will be highlighted where appropriate.

Your continued use of our website after any changes to these terms become effective constitutes your acceptance of the revised terms. We encourage you to review these terms periodically so that you remain informed about the conditions that govern your use of our website and services.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the details below. We are committed to responding to inquiries promptly and in good faith.