Terms of Service

1. Introduction and Overview

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and KLJ TRIBE PROPERTIES, LLC, a company operating under the developer name KLJ Tribe, located at 70 N 100 E, Lehi - 84043-1848, United States (US). These Terms govern your access to and use of the website located at https://www.kljtribe.hair, as well as any related services, applications, content, and functionality provided by KLJ Tribe in the course of our Computer Systems Design and Related Services business.

By accessing, browsing, or otherwise using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue your use of our website and refrain from engaging with our services.

These Terms apply to all visitors, users, clients, and others who access or use our website or services. We reserve the right to modify, update, or replace these Terms at any time in accordance with Section 16 of this document. It is your responsibility to review these Terms periodically for changes.

2. Acceptance of Terms

Your access to and use of the KLJ Tribe website and services is expressly conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

You accept these Terms by engaging in any of the following activities: visiting or browsing any page on our website; submitting information through our contact forms or other interactive features; communicating with us via email, telephone, or other channels regarding our services; entering into a service agreement or consulting engagement with us; or otherwise using any feature or functionality made available through our digital platforms.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such a case, the terms you and your as used herein shall refer to that entity.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, excluding credit card information and other sensitive data, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

3. Description of Services

KLJ Tribe provides professional computer systems design, integrated technology architecture, and related consulting services to businesses and organizations. Our service offerings fall within the Computer Systems Design and Related Services industry, which is part of the Professional, Scientific, and Technical Services sector.

Our services include, but are not limited to: systems architecture design and consulting, network infrastructure planning and implementation, cybersecurity integration and assessment, cloud and hybrid infrastructure solutions, data systems engineering and analytics platform development, managed IT services and ongoing technical support, technology strategy consulting, and digital transformation advisory.

The specific scope, deliverables, timelines, and fees for any engagement shall be defined in a separate written agreement, statement of work, or service proposal mutually executed by both parties. These Terms of Service govern your general use of our website and online presence; specific service engagements are additionally governed by the terms set forth in the applicable service agreement.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of any service, except as may be expressly provided in a written service agreement.

4. Eligibility and User Accounts

By using our website and services, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into these Terms and to form a binding contract under applicable law. If you are under the age of eighteen, you may use our website only with the involvement and consent of a parent or legal guardian.

Certain features of our services may require you to create an account or provide personal information. When you create an account or otherwise provide information to us, you agree to provide accurate, current, and complete information and to update that information promptly if it changes. You are solely responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. KLJ Tribe shall not be liable for any loss or damage arising from your failure to comply with these account security obligations. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

We may, in our sole discretion, refuse to offer our services to any person or entity and may change our eligibility criteria at any time. You are solely responsible for ensuring that your use of our services complies with all laws, rules, and regulations applicable to you.

5. User Responsibilities and Conduct

As a user of our website and services, you agree to conduct yourself in a professional and lawful manner at all times. Your use of our platforms and services shall comply with all applicable federal, state, local, and international laws, statutes, ordinances, and regulations.

You are responsible for ensuring that any information, data, or materials you provide to us in connection with our services is accurate, complete, and does not infringe upon the rights of any third party. You represent that you have all necessary rights, licenses, and permissions to provide such materials to us for the purpose of performing our services.

You agree to cooperate with us in good faith throughout the duration of any service engagement. This includes providing timely access to necessary information, systems, and personnel, responding to our reasonable requests for input and decisions, and adhering to project timelines and milestones that are mutually agreed upon.

You further agree not to interfere with or disrupt the operation of our website, servers, or networks, and not to attempt to gain unauthorized access to any systems, accounts, or data belonging to KLJ Tribe or its other clients. Any violation of these responsibilities may result in immediate suspension or termination of your access to our services.

6. Intellectual Property Rights

All content, features, and functionality available on the KLJ Tribe website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, page layouts, underlying code, and the design and arrangement thereof, are the exclusive property of KLJ TRIBE PROPERTIES, 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 KLJ Tribe name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of KLJ TRIBE PROPERTIES, LLC or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal or internal business purposes, subject to these Terms. This license does not include any right to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as incidental to normal web browsing.

With respect to deliverables created specifically for you as part of a service engagement, the ownership and licensing of such deliverables shall be governed by the terms of the applicable service agreement or statement of work entered into between the parties.

7. User Generated Content

Our website may allow you to submit, upload, publish, or otherwise make available content, including but not limited to messages sent through our contact forms, project descriptions, feedback, suggestions, and other materials. You retain ownership of any intellectual property rights that you hold in such content.

By submitting content to us, you grant KLJ Tribe a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing and promoting our services. This license enables us to use your feedback to improve our offerings and to communicate effectively about your projects.

You represent and warrant that you own or control all rights in and to the content you submit, that the content is accurate, and that the use of your content does not violate these Terms or the rights of any third party. You agree to indemnify and hold KLJ Tribe harmless from any claims arising from content you submit.

We have the right, but not the obligation, to monitor, review, edit, or remove any user content at our sole discretion. We take no responsibility and assume no liability for any content posted or submitted by you or any third party.

8. Prohibited Activities

In connection with your use of our website and services, you agree that you shall not engage in any of the following prohibited activities:

• Using our website or services for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation.
• Attempting to interfere with, compromise, or gain unauthorized access to our systems, networks, servers, or data through hacking, password mining, or any other means.
• Uploading or transmitting viruses, worms, Trojan horses, malware, ransomware, or any other malicious or technologically harmful material.
• Engaging in any activity that could damage, disable, overburden, or impair the functionality or security of our website or services.
• Using any robot, spider, scraper, or other automated means to access our website for any purpose without our express written permission.
• Collecting or harvesting any personally identifiable information from our website, including account names and email addresses, without proper authorization.
• Impersonating or misrepresenting your affiliation with any person or entity, including KLJ Tribe or its representatives.
• Using our website or services to transmit unsolicited commercial communications, spam, chain letters, or pyramid schemes.
• Removing, altering, or obscuring any proprietary notices or labels on the website or any deliverables provided through our services.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying our website or services.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including reporting such violations to law enforcement authorities.

9. Third Party Services and Links

Our website and services may contain links to third party websites, services, or resources that are not owned or controlled by KLJ Tribe. These links are provided for your convenience and informational purposes only. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third party websites or services.

You acknowledge and agree that KLJ Tribe 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 third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

In the course of providing our computer systems design and integration services, we may recommend, integrate, or work with third party products, platforms, and services. Any such recommendations are based on our professional assessment, but the ultimate decision to adopt any third party solution rests with you. We make no warranties, express or implied, regarding the quality, performance, or suitability of any third party products or services.

10. Disclaimer of Warranties

YOUR USE OF THE KLJ TRIBE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, INFORMATION, AND PRODUCTS AVAILABLE THROUGH IT 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, KLJ TRIBE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, KLJ TRIBE MAKES NO WARRANTY THAT: THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM SUCH ACCESS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLJ TRIBE, KLJ TRIBE PROPERTIES, LLC, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, 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), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KLJ TRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KLJ TRIBE AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF: THE TOTAL AMOUNT YOU HAVE PAID TO KLJ TRIBE FOR SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES PROVIDED UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless KLJ TRIBE PROPERTIES, LLC, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, contractors, licensors, and successors from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, and expenses, including reasonable attorneys fees and legal costs, arising out of or related to:

• Your use of and access to the website and services, including any data or content transmitted or received by you;
• Your violation of any term of these Terms of Service, including without limitation your breach of any of the representations and warranties set forth herein;
• Your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights;
• Your violation of any applicable law, rule, or regulation;
• Any content or information that you submit, post, transmit, or otherwise make available through our website or services; or
• Any misrepresentation made by you, or your negligent or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You shall not settle any matter without our prior written consent.

13. Termination and Suspension

These Terms shall remain in full force and effect while you use our website or services. We reserve the right, in our sole discretion and without prior notice or liability, to suspend or terminate your access to all or any part of our website and services at any time, for any reason or no reason, including without limitation if we determine that you have breached any provision of these Terms.

Upon termination, your right to access and use the website and services will immediately cease. The provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

If you wish to terminate your relationship with KLJ Tribe, you may simply discontinue using our website and services. For active service engagements, the termination provisions set forth in the applicable service agreement or statement of work shall govern the termination of those specific services.

All outstanding payment obligations incurred prior to the date of termination shall survive termination and remain due and payable in accordance with their terms. We shall not be liable to you or any third party for any termination of your access to our website or services.

14. 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 of America, without regard to its conflict of law principles.

You and KLJ Tribe agree that any legal action, suit, or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Utah County, State of Utah, and you hereby consent to the personal jurisdiction and venue of such courts. You agree to waive any objection based on improper venue or forum non conveniens to the conduct of any proceeding in any such court.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transactions conducted through our website or services. Any claim or cause of action you may have with respect to KLJ Tribe or the website must be commenced within one year after the claim or cause of action arose, or it shall be forever barred.

15. Dispute Resolution

KLJ Tribe is committed to resolving disputes with our users and clients in a fair and efficient manner. Before initiating any formal legal proceedings, we encourage you to contact us directly to discuss any concerns or disputes you may have. We will make a good faith effort to resolve the matter informally.

If an informal resolution cannot be reached within sixty (60) days of your first communication to us regarding the dispute, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, unless your claim qualifies for small claims court in Utah County, Utah.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against KLJ Tribe.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent immediate and irreparable harm pending the outcome of arbitration. The arbitration proceedings and all related filings and evidence shall be maintained as confidential to the fullest extent permitted by law.

16. Modifications to These Terms

We reserve the right, at our sole discretion, to modify, amend, or replace these Terms of Service at any time. When we make material changes, we will update the Last Updated date at the top of this page and make reasonable efforts to provide notice of the changes, which may include posting a notice on our website or sending an email to users with whom we have an active relationship.

The most current version of these Terms will always be available on this page. By continuing to access or use our website and services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using our website and services immediately.

We encourage you to review these Terms periodically for any updates or changes. Your continued use of our website after the posting of any modifications constitutes your acceptance of such modifications. We will not make retroactive changes to these Terms that materially diminish your rights without providing prior notice and, where required by law, obtaining your consent.

17. Severability and Waiver

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent as closely as possible. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

The failure of KLJ Tribe to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of KLJ TRIBE PROPERTIES, LLC. No waiver of any breach or default under these Terms shall constitute a waiver of any subsequent breach or default.

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and KLJ Tribe regarding your use of our website and services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Contact Information

If you have any questions, concerns, comments, or requests regarding these Terms of Service or any aspect of our website and services, please contact us using the information below. We value your feedback and will make every effort to respond to your inquiry in a timely and professional manner.

Postal Address:
KLJ TRIBE PROPERTIES, LLC
70 N 100 E
Lehi - 84043-1848
United States (US)

Email: hello@kljtribe.hair

Phone: +1 (509) 661-2034

Website: https://www.kljtribe.hair

We endeavor to acknowledge all inquiries within two business days and to provide a substantive response within ten business days. Please include your full name, contact information, and a detailed description of your question or concern so that we may address it efficiently. For legal notices and formal correspondence, we request that you use the postal address provided above and send such correspondence via certified mail with return receipt requested.