Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and KFDW LLC, a company operating in the computer systems design and related services industry. By accessing or using our website at https://www.kfdw.mom, contacting us, or engaging our services, you agree to be bound by these Terms and by all applicable laws and regulations.

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 as an individual and that organization. If you do not agree to these Terms, you must not access the website or use our services.

We may require you to confirm your acceptance of these Terms before providing certain services. Your continued use of the website after any modifications to these Terms constitutes your acceptance of the revised Terms.

These Terms apply together with our Privacy Policy, which explains how we handle personal information. By using the website, you also acknowledge and agree to the practices described in that policy. If there is any conflict between these Terms and a separately signed agreement, the signed agreement governs for the specific engagement it covers.

Who We Are

KFDW LLC is a technology services provider specializing in computer integrated systems design, technical consulting, cloud architecture, systems integration, and managed support. We serve clients across the professional, scientific, and technical services sector.

Our business details are as follows:

  • Company name: KFDW LLC
  • Address: 1495 S Main St, Walnut Creek - 94596-5318, United States (US)
  • Website: https://www.kfdw.mom
  • Contact email: update@kfdw.mom
  • Contact phone: +18068389660

Definitions

For the purposes of these Terms, the following definitions apply:

  • Company, we, us, or our refers to KFDW LLC.
  • You or your refers to the individual or organization accessing or using our website or services.
  • Services refers to the consulting, design, integration, implementation, and managed support offerings described on our website and in any applicable service agreement.
  • Website refers to the site located at https://www.kfdw.mom and all associated pages.
  • Content refers to any text, graphics, code, data, or other material appearing on or transmitted through the website or our services.
  • User Content refers to any material you submit, upload, or otherwise provide to us through the website or our services.

Use of the Website

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal or internal business purposes in accordance with these Terms. This license does not include any right to modify, reproduce, distribute, or create derivative works from the website or its content.

You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the website by, any third party. You are responsible for ensuring that your use of the website complies with all applicable laws and regulations.

We reserve the right to modify, suspend, or discontinue any aspect of the website at any time, with or without notice, and we will not be liable to you or any third party for any such modification, suspension, or discontinuation.

You are responsible for making all arrangements necessary for you to access the website, including maintaining an internet connection and a compatible device. You are also responsible for ensuring that any person who accesses the website through your internet connection is aware of and complies with these Terms.

Our Services

KFDW LLC provides a range of technology services, including computer integrated systems design, technical consulting, cloud architecture, systems integration, infrastructure design, security and compliance support, and managed support services.

The specific scope, deliverables, timelines, and fees for any engagement are set out in a separate written service agreement or statement of work agreed between you and us. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement will control with respect to the specific engagement.

We strive to provide services with skill and care, but we do not guarantee that any particular outcome, performance metric, or business result will be achieved unless expressly stated in writing in the applicable service agreement.

Any estimates, projections, timelines, or recommendations we provide are made in good faith based on the information available to us at the time. You acknowledge that technology projects involve inherent uncertainty and that actual results may differ from any preliminary estimates we share during an engagement.

User Accounts and Responsibilities

Certain features of our website or services may require you to create an account or provide identifying information. Where an account is required, 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 immediately 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 credentials.

We reserve the right to suspend or terminate any account that we reasonably believe has been used in violation of these Terms or in a manner that threatens the security of our systems or the rights of others.

You agree to notify us immediately at update@kfdw.mom if you become aware of any unauthorized use of your account or any other breach of security. We may take any action we deem reasonable to protect our systems and other users, including resetting credentials or restricting access.

Intellectual Property

The website and all content contained therein, including text, graphics, logos, icons, code, and software, are the property of KFDW LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. The KFDW name, logo, and related marks are trademarks of KFDW LLC.

Nothing in these Terms grants you any right, title, or interest in our intellectual property, except the limited license to use the website expressly granted above. You may not use our name, logo, or marks without our prior written consent.

Unless otherwise agreed in a written service agreement, all deliverables and work product created by us in the course of providing services are and remain our intellectual property until full payment has been received, after which ownership transfers as specified in the applicable agreement.

User Content

You retain ownership of any User Content you submit to us. By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content solely for the purpose of providing and improving our services and responding to your requests.

You represent and warrant that you own or have the necessary rights to any User Content you submit, and that your submission does not infringe the rights of any third party or violate any applicable law. We are not responsible for the accuracy, completeness, or legality of User Content.

We may remove or refuse to publish any User Content at our sole discretion, including content that we believe violates these Terms or applicable law.

You agree not to submit any User Content that is unlawful, defamatory, obscene, infringing, or otherwise objectionable. We assume no responsibility for any User Content, and any reliance you place on such content is at your own risk.

Prohibited Conduct

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

  • Using the website or services for any unlawful, fraudulent, or harmful purpose.
  • Attempting to gain unauthorized access to our systems, data, or the accounts of other users.
  • Interfering with or disrupting the operation of the website or the servers and networks connected to it.
  • Uploading or transmitting malicious code, viruses, or any material intended to harm or interfere with computer systems.
  • Scraping, harvesting, or otherwise extracting data from the website without our prior written consent.
  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
  • Using the website to send unsolicited communications or spam.
  • Reverse engineering, decompiling, or disassembling any software contained in our website or services.

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

Fees and Payment

Fees for our services are set out in the applicable service agreement, proposal, or invoice. Unless otherwise stated, all fees are quoted in United States dollars and are exclusive of applicable taxes, which you are responsible for paying.

Payment terms, including any deposit, milestone, or recurring payment obligations, are specified in the applicable agreement. You agree to pay all invoices by the due date stated on the invoice. Late payments may incur interest or fees as described in the applicable agreement or as permitted by law.

We may suspend or discontinue services if payment is not received in accordance with the agreed terms. Suspension of services does not relieve you of your obligation to pay fees that have already accrued.

If you believe an invoice contains an error, you must notify us in writing within fourteen days of the invoice date. Invoices not disputed within that period are considered accepted. Any amounts that remain unpaid after their due date may be subject to collection efforts and reasonable recovery costs.

Disclaimers and Limitation of Liability

The website and its content 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 the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components, and we do not warrant that any results obtained from the use of the website will be accurate or reliable.

To the fullest extent permitted by law, KFDW LLC and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the website or services, even if we have been advised of the possibility of such damages.

In no event will our aggregate liability arising out of or relating to these Terms exceed the greater of the amount you paid to us 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 damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law, and the remaining provisions of this section will continue to apply.

Indemnification

You agree to indemnify, defend, and hold harmless KFDW LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to your use of the website, your User Content, your violation of these Terms, or your violation of any third-party rights or applicable law.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims.

Your indemnification obligations will survive any termination or expiration of these Terms or of your access to the website and services.

Termination

We may terminate or suspend your access to the website or services immediately, with or without notice, if we reasonably believe you have violated these Terms or if required to do so by law. Termination does not affect any rights or obligations that have already accrued.

You may stop using the website and services at any time. Where a written service agreement is in effect, termination of that agreement is governed by its own terms.

Upon termination, the provisions of these Terms that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

Following termination, we may retain information as necessary to comply with legal obligations, resolve disputes, and enforce these Terms, as further described in our Privacy Policy.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the website or services will be subject to the exclusive jurisdiction of the state and federal courts located in California.

Before initiating formal legal proceedings, you agree to contact us at update@kfdw.mom and attempt in good faith to resolve any dispute informally for a period of at least thirty days. This informal resolution period is a condition precedent to filing any formal claim.

For business clients, disputes will be resolved through good faith negotiation followed, where required, by the dispute resolution mechanism described in the applicable service agreement. This clause does not prevent either party from seeking injunctive or equitable relief from a court of competent jurisdiction where monetary damages would be an inadequate remedy.

Any claim or cause of action arising out of or related to these Terms must be filed within one year after the claim or cause of action arises, or it will be permanently barred.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The failure of either party to enforce any provision of these Terms will not be deemed a waiver of that provision or of the right to enforce it later.

Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our practices, services, or legal requirements. When we make changes, we will update the last updated date at the top of this page.

Material changes may be communicated through the website or by other reasonable means. Your continued use of the website after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the website and services.

We encourage you to review these Terms periodically. The version of these Terms in effect at the time you use the website or engage our services is the version that governs that use or engagement.

Contact Information

If you have any questions about these Terms of Service, please contact us using the details below:

  • Company: KFDW LLC
  • Address: 1495 S Main St, Walnut Creek - 94596-5318, United States (US)
  • Email: update@kfdw.mom
  • Phone: +18068389660
  • Website: https://www.kfdw.mom