Terms of Service

1. Acceptance of Terms

Welcome to Error In Eden Studio LLC. By accessing or using our website located at www.errorineden.buzz, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services. These terms constitute a legally binding agreement between you, the user, and Error In Eden Studio LLC, a Utah limited liability company with its principal place of business at 1582 N 1300 W, Clinton, UT 84015-8924, United States. Error in Eden is the developer and operator of this website. Your use of the Site is expressly conditioned on your acceptance of these Terms of Service without modification.

These Terms of Service apply to all visitors, users, and others who access or use the Site. By using the Site, you represent and warrant that you are at least 18 years of age or have the legal capacity to enter into a binding agreement. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and all content and materials available on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software, are the property of Error In Eden Studio LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on the Site is the exclusive property of Error In Eden Studio LLC.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for your personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site except as expressly permitted by these Terms of Service or with the prior written consent of Error In Eden Studio LLC.

The Error in Eden name and all related names, logos, product and service names, designs, and slogans are trademarks of Error In Eden Studio LLC or its affiliates. You must not use such marks without the prior written permission of Error In Eden Studio LLC.

3. User Representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update it as necessary
• You have the legal capacity and agree to comply with these Terms of Service
• You are not a minor in the jurisdiction in which you reside, or if you are a minor, you have obtained parental consent to use the Site
• You will not access the Site through automated or non-human means, whether through bots, scripts, or otherwise, except as expressly authorized by us in writing
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site will not violate any applicable law or regulation

4. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to engage in the following prohibited activities:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Make any unauthorized use of the Site, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site
• Engage in unauthorized framing of or linking to the Site
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Attempt to impersonate another user or person or use the username of another user
• Sell or otherwise transfer your profile or account
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Decrypt, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Use the Site in a manner inconsistent with any applicable laws or regulations

5. Service Description and Limitations

Error In Eden Studio LLC provides computer integrated systems design and related professional, scientific, and technical services. Our services include but are not limited to creative technology development, full-stack software engineering, systems integration, digital art and design, consulting and strategy, and custom software development. The specific scope, deliverables, timelines, and fees for any engagement will be set forth in a separate written agreement between you and Error In Eden Studio LLC.

We make no representations or warranties that the Site or any of our services will be available uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue any aspect of the Site or our services at any time without prior notice. We will not be liable for any loss or damage arising from or related to any modification, suspension, or discontinuation of the Site or services.

6. Client Responsibilities

As a client of Error In Eden Studio LLC, you agree to:

• Provide accurate, complete, and timely information necessary for the performance of services
• Cooperate with us in a timely manner and provide access to resources, personnel, and systems reasonably required
• Make timely decisions and provide approvals as needed to keep projects on schedule
• Pay all fees and expenses in accordance with the agreed payment terms
• Not use any deliverables for any unlawful purpose or in violation of any third-party rights
• Review and test deliverables within a reasonable time and promptly report any issues

7. Payment Terms

Fees for services are as set forth in the applicable project agreement or statement of work. Unless otherwise specified, invoices are due within thirty days of the invoice date. Late payments may be subject to a finance charge of one and one half percent per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend performance of services if any payment is more than fifteen days overdue. Client shall reimburse Error In Eden Studio LLC for all reasonable costs incurred in collecting any late payments, including attorneys fees and court costs.

All fees are stated in United States Dollars and are exclusive of all taxes, levies, or duties imposed by taxing authorities. Client shall be responsible for payment of all applicable taxes, including sales, use, value-added, and withholding taxes, arising from or relating to the services provided.

8. Confidentiality

Each party agrees to maintain the confidentiality of any confidential information disclosed by the other party in connection with the services. Confidential information includes all non-public information, regardless of form, that a reasonable person would understand to be confidential, including but not limited to business plans, technical data, source code, product plans, customer information, financial information, trade secrets, and proprietary methodologies.

Neither party shall disclose confidential information of the other party to any third party without the prior written consent of the disclosing party, except as required by law or court order. Each party shall use at least the same degree of care to protect the confidential information of the other party as it uses to protect its own confidential information, but in no event less than reasonable care.

The obligations of confidentiality shall survive the termination of these Terms of Service and any project agreement for a period of five years from the date of disclosure. For trade secrets, the obligations of confidentiality shall continue for as long as the information remains a trade secret under applicable law.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Error In Eden Studio LLC, its officers, directors, employees, agents, or affiliates be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Site or services.

Our total liability to you for all claims arising from or relating to the Site or services, whether in contract, tort, or otherwise, is limited to the amount you have paid to us for the specific service giving rise to the claim during the twelve months preceding the event giving rise to liability. This limitation of liability applies even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Error In Eden Studio LLC, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any 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 or your use of the Site or services, including but not limited to any use of the Sites content, services, and products other than as expressly authorized in these Terms of Service.

Error In Eden Studio LLC 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 will cooperate with us in asserting any available defenses.

11. Warranties and Disclaimer

The Site and all content, materials, and services provided through the Site are provided on an as is and as available basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Error In Eden Studio LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing or usage of trade.

Without limiting the foregoing, Error In Eden Studio LLC makes no warranty that the Site will meet your requirements, be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Site will be accurate or reliable, or that any errors in the Site will be corrected. No advice or information, whether oral or written, obtained by you from Error In Eden Studio LLC or through the Site shall create any warranty not expressly stated in these Terms of Service.

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If you wish to terminate your account, you may simply discontinue using the Site. We reserve the right to remove any content or information you have posted to the Site at any time and for any reason without notice.

13. Governing Law and Dispute Resolution

These Terms of Service 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 principles. Any dispute arising from or relating to these Terms of Service or your use of the Site shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, with the arbitration to be held in Weber County, Utah.

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Each party expressly waives any right to a trial by jury in any action, proceeding, or counterclaim brought by either party against the other. Each party further waives any right to participate in a class action or representative action against the other.

14. Entire Agreement

These Terms of Service, together with any project agreement, statement of work, or other written agreement between you and Error In Eden Studio LLC, constitute the entire agreement between you and Error In Eden Studio LLC regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it valid and enforceable. Our failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision.