1. Acceptance of Terms
By accessing, browsing, or using the website located at www.elwoodland.lol, including all subdomains, pages, content, and services available through this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any provision of these Terms, you must immediately cease use of this website and all services provided by Elwood Land Holdings, LLC.
These Terms of Service constitute a legally binding agreement between you, the user, whether personally or on behalf of an entity, and Elwood Land Holdings, LLC, a Utah limited liability company with its principal place of business at 2158 E Evergreen Ave, Salt Lake City, UT 84109-2925, United States. References to Elwood Land, we, us, or our throughout these terms refer to Elwood Land Holdings, LLC and its authorized representatives, employees, agents, and affiliates.
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms of Service at any time and for any reason. Any changes will be effective immediately upon posting the revised Terms on this page, and the Last Updated date at the top will be revised accordingly. It is your responsibility to review these Terms periodically for updates. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
2. Description of Services
Elwood Land provides professional services in the fields of computer systems design, integrated systems engineering, technology consulting, cybersecurity, cloud infrastructure, managed IT operations, and related professional, scientific, and technical services as described on our website and as agreed upon in separate written agreements with our clients.
The scope, deliverables, timelines, fees, and other specific terms of any professional engagement shall be set forth in a separate written agreement, statement of work, or service contract executed by both parties. In the event of any conflict between these Terms of Service and the terms of a separately executed service agreement, the terms of the service agreement shall control with respect to the specific engagement to which they apply.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, content, or database, without prior notice or liability. We also reserve the right to limit certain services or restrict access to parts or all of the website without notice.
3. User Obligations and Conduct
As a user of our website and services, you agree to the following obligations:
3.1 Lawful Use
You agree to use the website and our services only for lawful purposes and in accordance with these Terms. You shall not use our website or services in any manner that violates any applicable federal, state, local, or international law, regulation, or ordinance. This includes, without limitation, any laws regarding the export of data or software, privacy protection, intellectual property, and consumer protection.
3.2 Accurate Information
When you provide information to Elwood Land through our website, by email, by telephone, or through any other communication channel, you agree to provide accurate, current, and complete information. You are solely responsible for the accuracy of all information you provide, and Elwood Land shall have no liability arising from or relating to any inaccurate or incomplete information you supply.
3.3 Prohibited Activities
In connection with your use of the website and services, you shall not engage in any of the following prohibited activities:
- Attempting to interfere with, compromise, or disrupt the integrity, security, or performance of the website, its servers, or any related networks, including through the transmission of viruses, malware, or harmful code.
- Engaging in unauthorized access to any systems, data, or accounts, including attempts to probe, scan, or test the vulnerability of any system or network connected to our services.
- Using any automated means, including robots, spiders, crawlers, scrapers, or other data mining tools, to access, acquire, or extract data from the website without our express prior written consent.
- Impersonating any person, entity, or affiliation, or falsely stating or misrepresenting your identity, credentials, or relationship with Elwood Land or any other party.
- Collecting, storing, or harvesting any personally identifiable information from the website or its users without appropriate authorization and consent.
- Using the website to transmit unsolicited commercial communications, spam, chain letters, pyramid schemes, or any form of solicitation not expressly authorized by Elwood Land.
- Modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the website or its underlying software, code, or technology.
- Removing, obscuring, or altering any proprietary notices, trademarks, labels, or copyright notices displayed on the website.
4. Intellectual Property Rights
4.1 Website Content
All content, materials, and features available on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, code, scripts, architecture, page layout, design elements, and the overall look and feel of the website are the exclusive property of Elwood Land Holdings, LLC or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The compilation of all content on this website is the exclusive property of Elwood Land Holdings, LLC and is protected by U.S. and international copyright laws. The trademarks, service marks, trade names, logos, and domain names displayed on the website are registered and unregistered marks of Elwood Land Holdings, LLC or its licensors.
4.2 Limited License
Elwood Land grants you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal, non-commercial use or for evaluating our professional services. This license does not include any right to:
- Download, modify, reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit the website or its content for any commercial purpose without our express written consent.
- Use any meta tags, hidden text, or metadata incorporating Elwood Land trademarks, trade names, or brand features without our express written consent.
- Frame, mirror, or otherwise display any portion of the website within another website or application without our express written consent.
- Use data mining, robots, or similar data gathering and extraction tools to extract content from the website for reproduction, redistribution, or any other use.
Any unauthorized use of the website or its content automatically terminates the limited license granted herein without prejudice to any other remedies available to Elwood Land at law or in equity.
4.3 Client Deliverables
Ownership and intellectual property rights in deliverables created by Elwood Land as part of professional services engagements, including system designs, architectural documentation, technical specifications, software code, and other work product, shall be governed by the terms of the specific service agreement between Elwood Land and the client. Unless otherwise specified in a written agreement, Elwood Land retains ownership of all pre-existing materials, tools, methodologies, and intellectual property used in the provision of services.
4.4 Feedback
Any suggestions, ideas, comments, enhancement requests, recommendations, or other feedback you provide to Elwood Land regarding the website or our services shall become the sole property of Elwood Land. We shall be free to use, implement, modify, and incorporate such feedback into our products and services without any obligation of attribution, compensation, or confidentiality to you.
5. Third-Party Services and Links
Our website may contain links to third-party websites, advertisements, services, or resources that are not owned, operated, or controlled by Elwood Land. These links are provided solely for your convenience and informational purposes. The inclusion of any link does not imply endorsement, approval, or association between Elwood Land and the linked third party.
Elwood Land has no control over and assumes no responsibility for the content, privacy policies, terms of service, practices, or quality of any third-party websites or services. You acknowledge and agree that Elwood Land shall not be responsible or liable, directly or indirectly, for any damage, loss, or adverse consequences alleged to arise from or in connection with your use of or reliance on any such third-party content, goods, or services. We strongly encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.
6. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELWOOD LAND HOLDINGS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Any warranty that the website will be uninterrupted, timely, secure, error-free, or free of viruses, malware, or other harmful components.
- Any warranty that any errors, defects, or inaccuracies in the website or its content will be corrected.
- Any warranty regarding the accuracy, completeness, reliability, currency, or quality of any information, content, or materials obtained through the website.
- Any warranty arising from course of dealing, course of performance, or usage of trade.
You acknowledge that your use of the website and any reliance upon its content is solely at your own risk. No information, whether oral or written, obtained by you from Elwood Land or through the website shall create any warranty not expressly stated in these Terms of Service.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELWOOD LAND HOLDINGS, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- Damages for loss of profits, revenue, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages.
- Damages resulting from any errors, mistakes, or inaccuracies of content on the website.
- Damages resulting from any unauthorized access to or use of our servers or any personal information stored therein.
- Damages resulting from any interruption or cessation of transmission to or from the website.
- Damages resulting from any bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through the website.
Elwood Lands aggregate liability for any claims arising out of or related to these Terms of Service, the website, or our services shall not exceed the greater of one hundred United States dollars or the total amount paid by you to Elwood Land in the twelve months preceding the event giving rise to the claim. This limitation applies regardless of the theory of liability, whether based in contract, tort, negligence, strict liability, or otherwise, and even if Elwood Land has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of Elwood Land shall be limited to the greatest extent permitted by applicable law.
8. Indemnification
You agree to defend, indemnify, and hold harmless Elwood Land Holdings, LLC and its officers, directors, members, managers, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys fees and court costs, arising out of or related to:
- Your breach of these Terms of Service or any representation, warranty, or covenant contained herein.
- Your use of the website or services, including any data, content, or material transmitted or received by you.
- Your violation of any applicable law, regulation, or the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
- Any willful misconduct, fraud, or negligence by you in connection with your use of the website or our services.
- Any claims arising from content, information, or materials you submit, post, transmit, or otherwise make available through our website or communications.
Elwood Land reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with Elwood Land in asserting any available defenses. You shall not settle any claim without the prior written consent of Elwood Land.
9. Termination
Elwood Land reserves the right, in its sole and absolute discretion, to terminate or suspend your access to the website and services, in whole or in part, at any time and for any reason or no reason, with or without prior notice or liability. Without limiting the foregoing, we may terminate access if we determine that you have violated these Terms of Service, engaged in fraudulent or abusive activity, or your conduct may harm Elwood Land, our clients, or any third party.
Upon termination, your right to access and use the website shall cease immediately. All provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers of warranties, limitations of liability, indemnification obligations, and dispute resolution provisions.
Termination of your access to the website shall not affect any ongoing professional services engagements, which shall continue to be governed by the applicable service agreements until their respective termination or completion in accordance with their terms.
10. Governing Law and Jurisdiction
These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the website, or our services shall be governed by and construed in accordance with the laws of the State of Utah, United States, without giving effect to any principles of conflicts of law that would require or permit the application of the laws of any other jurisdiction.
Any legal action, suit, or proceeding arising out of or related to these Terms of Service shall be instituted exclusively in the federal or state courts located in Salt Lake County, Utah. You and Elwood Land each irrevocably consent to the personal jurisdiction of and venue in such courts and waive any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.
11. Dispute Resolution
11.1 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact Elwood Land and attempt to resolve any dispute informally. This informal resolution process requires you to provide a written notice describing the nature and basis of the claim or dispute, the specific relief sought, and your contact information. The notice should be sent to connect@elwoodland.lol with the subject line Attention: Legal Department. Both parties agree to negotiate in good faith for at least sixty days from receipt of the notice before either party may commence any formal legal action.
11.2 Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms of Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, if the parties cannot agree, appointed by the American Arbitration Association. The arbitration shall take place in Salt Lake City, Utah, and judgment on the arbitrators award may be entered in any court having jurisdiction thereof.
11.3 Class Action Waiver
YOU AND ELWOOD LAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Elwood Land agree otherwise in writing, the arbitrator may not consolidate or join more than one persons or partys claims and may not otherwise preside over any form of a representative or class proceeding.
12. Limitations Period
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. This limitations period does not apply to claims that cannot be limited by applicable law.
13. Electronic Communications
When you visit the website, send us emails, or otherwise communicate with Elwood Land electronically, you consent to receive communications from us electronically. We may communicate with you by email, by posting notices on the website, or by other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Severability and Waiver
14.1 Severability
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.
14.2 Waiver
No waiver by Elwood Land of any term or condition set forth in 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 failure of Elwood Land to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Entire Agreement
These Terms of Service, together with our Privacy Policy and any applicable service agreements or statements of work executed separately between you and Elwood Land, constitute the entire agreement between you and Elwood Land regarding your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
16. Assignment
You may not assign or transfer your rights or obligations under these Terms of Service, by operation of law or otherwise, without the prior written consent of Elwood Land. Any attempted assignment in violation of this provision shall be null and void. Elwood Land may assign or transfer its rights and obligations under these Terms of Service at any time without notice or consent, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
17. Contact Information
If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason, please reach out using the information below:
Elwood Land Holdings, LLC
Attention: Legal Department
2158 E Evergreen Ave
Salt Lake City, UT 84109-2925
United States
Email: connect@elwoodland.lol
Phone: +1 (325) 732-9952
Website: www.elwoodland.lol
18. Acknowledgment
BY USING THE WEBSITE AND SERVICES PROVIDED BY ELWOOD LAND HOLDINGS, LLC, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ELWOOD LAND AND SUPERSEDE ALL PROPOSALS, UNDERSTANDINGS, AND OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS.