Terms of Service

1. Acceptance of Terms

Welcome to RGB eComm LLC. By accessing or using the website located at https://www.rgbecomm.lol, including any subdomains, mobile versions, APIs, or related services provided by RGB eComm LLC, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions contained herein, you must immediately discontinue use of this website and all associated services. These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and RGB eComm LLC.

RGB eComm LLC reserves the right, in its sole discretion, to modify, amend, or replace these Terms of Service at any time without prior notice. Any changes will be effective immediately upon posting to this page, and the Last Updated date will be revised accordingly. Your continued use of the website after any such modifications constitutes your acceptance of the updated terms. It is your responsibility to review these Terms of Service periodically for changes.

2. Definitions

Throughout these Terms of Service, the following definitions apply:

• Company refers to RGB eComm LLC, a limited liability company organized under the laws of the State of Utah, United States, with its principal place of business at 863 S 780 W, Payson, UT 84651-3136, United States.
• Website refers to the internet domain rgbecomm.lol and all associated subdomains, web pages, content, and digital properties owned or operated by the Company.
• Services refers to computer systems design, computer integrated systems design, IT consulting, cloud architecture, network design, cybersecurity, data analytics, and all other professional services offered by the Company.
• User refers to any individual or entity that accesses or uses the Website or Services.
• Content refers to all text, images, graphics, code, software, data, and other materials appearing on the Website.

3. Eligibility

By using this Website, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are accessing this Website on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms of Service. The Website is not intended for use by anyone under the age of 18, and we do not knowingly collect information from minors.

You further represent that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a terrorist supporting country, and that you are not listed on any United States government list of prohibited or restricted parties.

4. Description of Services

RGB eComm LLC provides professional services in the field of Computer Systems Design and Related Services, operating within the Professional, Scientific, and Technical Services sector. Our core offerings include computer integrated systems design, cloud infrastructure and architecture, enterprise network design, systems integration and automation, cybersecurity and compliance, and data systems and analytics. We also serve adjacent industries including Accounting, Tax Preparation, Bookkeeping, and Payroll Services; Advertising, Public Relations, and Related Services; Architectural, Engineering, and Related Services; Legal Services technology; Management, Scientific, and Technical Consulting Services; Scientific Research and Development Services; Specialized Design Services; and other professional service disciplines.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without notice. We do not guarantee that the Website or any Services will be available at all times, uninterrupted, or error free. We may impose limits on certain features or restrict access to parts or all of the Website without notice or liability.

5. Intellectual Property Rights

All Content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof, is the property of RGB eComm LLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The RGB eComm name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates.

You are granted a limited, non exclusive, non transferable, revocable license to access and use the Website for your personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content except as expressly permitted by these Terms of Service. Any unauthorized use of the Content may violate copyright, trademark, and other laws and could result in legal action.

6. User Obligations and Conduct

As a condition of your use of the Website and Services, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Service. You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Website and Services. You are solely responsible for all activities conducted through your use of the Website.

You specifically agree not to engage in any of the following prohibited activities:

• Uploading, transmitting, or distributing any viruses, malware, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website.
• Using the Website to transmit or send unsolicited commercial communications, spam, or promotional materials.
• Using any automated means such as robots, spiders, crawlers, or scrapers to access or collect data from the Website without our express written permission.
• Impersonating or attempting to impersonate the Company, a Company employee, another user, or any other person or entity.
• Engaging in any conduct that restricts or inhibits any other users use or enjoyment of the Website, or which may harm the Company or users of the Website.

We reserve the right to terminate your access to the Website and Services for violating any of these prohibited uses without prior notice or liability.

7. User Submissions and Communications

Any information, materials, or content that you submit to the Website or transmit to the Company, including but not limited to inquiries sent via email to talk@rgbecomm.lol, telephone communications to +19125883481, contact form submissions, feedback, suggestions, ideas, proposals, or any other information, shall be considered non confidential and non proprietary. By submitting any such information, you grant RGB eComm LLC a worldwide, royalty free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information for any purpose, without compensation to you or any other party.

You represent and warrant that any information you submit does not violate any third party intellectual property rights or privacy rights, and that you have the right to grant the foregoing license to the Company. We have the right but not the obligation to monitor and edit or remove any user submitted content.

8. Third Party Links and Services

The Website may contain links to third party websites, services, or resources that are not owned or controlled by RGB eComm LLC. These links are provided for your convenience only and do not imply any endorsement, sponsorship, or recommendation by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, practices, terms of service, or availability of any third party websites, services, or resources.

You acknowledge and agree that RGB eComm 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 such third party websites, services, or resources. We strongly advise you to read the terms and conditions and privacy policies of any third party websites that you visit.

9. Disclaimer of Warranties

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RGB EComm LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.

RGB eComm LLC makes no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error free basis, or will be accurate, reliable, complete, or current. The Company does not warrant that defects or errors in the Website or Services will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through the Website shall create any warranty not expressly stated in these Terms of Service.

Any content downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RGB ECOMM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, 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, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RGB ECOMM LLC EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (USD $100.00) OR THE AMOUNT YOU HAVE PAID THE COMPANY IN THE PAST TWELVE MONTHS FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such jurisdictions, the liability of RGB eComm LLC shall be limited to the fullest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless RGB eComm LLC, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys fees, arising out of or relating to your violation of these Terms of Service, your use of the Website and Services, including but not limited to any use of the Website content, Services, and products other than as expressly authorized in these Terms of Service, or your violation of any applicable laws, rules, or regulations or any third party rights, including intellectual property or privacy rights.

This indemnification obligation will survive the termination of these Terms of Service and your use of the Website and Services. 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, in which event you shall cooperate with the Company in asserting any available defenses.

12. Termination

These Terms of Service shall remain in full force and effect while you use the Website. RGB eComm LLC reserves the right, in its sole discretion and without prior notice or liability, to terminate or suspend your access to all or part of the Website and Services for any reason or no reason, including without limitation for violation of these Terms of Service. Provisions that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Website and Services will immediately cease. If you wish to terminate your agreement with these Terms of Service, you may simply discontinue using the Website and Services. All provisions of these Terms of Service which by their nature should survive termination shall survive, including Sections 5, 9, 10, 11, 12, and 14 through 15.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their 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 giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Utah County, Utah.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that any claim or cause of action arising out of or related to these Terms of Service or the use of the Website must be filed within one year after such claim or cause of action arose, or be forever barred.

14. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Utah County, Utah, before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules, and judgment on the award may be entered in any court having jurisdiction.

The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. This section shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

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 a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

15. Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred regardless of any statute or law to the contrary.

16. Severability and Waiver

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties intention to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect. The failure of RGB eComm LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver of any term or condition of these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of RGB eComm LLC. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

17. Assignment

RGB eComm LLC may assign, transfer, or delegate its rights and obligations under these Terms of Service, in whole or in part, at any time without notice to you. You may not assign, transfer, or delegate your rights or obligations under these Terms of Service without the prior written consent of the Company. Any attempted assignment or transfer in violation of this section shall be null and void.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by RGB eComm LLC on the Website, constitute the entire agreement between you and the Company with respect to the Website and Services and supersede all prior or contemporaneous communications, understandings, and agreements, whether written or oral, relating to the subject matter hereof. No modification, amendment, or waiver of any provision of these Terms of Service shall be effective unless made in writing and signed by an authorized representative of the Company.

19. 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, please reach out through any of the following channels: