Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Baothebarber LLC, a Utah limited liability company with its principal place of business at 6497 S Luminous Way, West Jordan, UT 84081-4949, United States, governing your access to and use of the website located at www.baothebarber.autos, all related subdomains, and all associated services, content, and functionality offered by Baothebarber LLC. By accessing or using our website, contacting us through any channel, requesting information about our services, or engaging us for professional services, you acknowledge that you have read, understood, and agree to be bound by all terms, conditions, policies, and notices set forth in this agreement.

If you do not agree to all of the terms and conditions contained in this agreement, you are expressly prohibited from using this website and must discontinue use immediately. We recommend that you print or save a copy of these Terms of Service for your records. Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated into this agreement by reference.

Baothebarber LLC reserves the right, in its sole discretion, to make changes, modifications, additions, or deletions to these Terms of Service at any time and for any reason. Such changes shall become effective immediately upon posting of the updated Terms of Service on the website. Your continued use of the website or our services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

This website is designed for and directed exclusively at businesses, organizations, and adult professionals. The website is not intended for use by individuals under the age of eighteen, and we do not knowingly collect or solicit information from anyone under the age of eighteen.

2. Company Information and Services

Baothebarber LLC is a computer systems design and integration firm operating within the professional, scientific, and technical services industry. Our principal services include but are not limited to: computer integrated systems design, infrastructure engineering, enterprise systems integration, cybersecurity architecture, DevOps and automation engineering, and technical advisory and consulting services. These services are described in further detail on our website and are subject to individual statements of work, professional services agreements, or master service agreements executed between Baothebarber LLC and our clients.

The business contact information for Baothebarber LLC is as follows:

This website was developed by Bao The Barber. For questions regarding the technical implementation or operation of this website, inquiries may be directed to the developer through the contact channels listed above.

3. Intellectual Property Rights

Unless otherwise expressly indicated, Baothebarber LLC is the owner or the authorized licensee of all intellectual property rights in and to the website, including but not limited to all source code, databases, functionality, software, website designs, text, graphics, photographs, images, audio, video, logos, trademarks, service marks, trade names, and the selection and arrangement thereof. The content is protected by copyright, trademark, and other intellectual property laws and treaties in the United States and around the world. All such rights are reserved.

The Baothebarber name, the Baothebarber logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Baothebarber LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Baothebarber LLC. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Subject to your compliance with these Terms of Service, Baothebarber LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the website solely for your internal business purposes, including evaluating our service offerings and communicating with our team. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Baothebarber LLC.

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 website, except as follows: your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; you may store files that are automatically cached by your web browser for display enhancement purposes; you may print or download one copy of a reasonable number of pages of the website for your own personal or internal business use and not for further reproduction, publication, or distribution. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.

4. User Representations and Obligations

By using the website and engaging with Baothebarber LLC, you represent and warrant that:

• All information you submit through the website, by email, by telephone, or through any other communication channel is true, accurate, current, and complete, and you will promptly update such information as necessary to maintain its accuracy.
• You have the legal capacity, authority, and right to enter into this agreement and to comply with all of the terms and conditions contained herein. If you are using the website on behalf of an organization or entity, you represent that you have the authority to bind that organization or entity to these Terms of Service.
• You will not access the website through automated or non-human means, whether through a bot, script, spider, scraper, or otherwise, except for standard search engine indexing conducted in accordance with generally accepted industry practices.
• You will not use the website for any illegal, fraudulent, harmful, or unauthorized purpose, and your use of the website will not violate any applicable law, regulation, or third-party right.
• You will not attempt to interfere with, compromise, or disrupt the operation, security, or integrity of the website, its underlying servers, networks, or infrastructure, including through the introduction of viruses, trojan horses, worms, logic bombs, denial-of-service attacks, or other malicious or technologically harmful material.
• You will not attempt 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.
• You will not use the website to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Service or any applicable law.

5. Client Engagements and Professional Services

The information presented on this website regarding our services is for general informational purposes only and does not constitute a binding offer to provide specific services. The engagement of Baothebarber LLC for professional services, including computer integrated systems design, infrastructure engineering, systems integration, cybersecurity architecture, DevOps engineering, and technical consulting, requires the execution of a separate written professional services agreement, statement of work, or master service agreement that sets forth the specific scope of services, deliverables, timelines, fees, expenses, payment terms, confidentiality obligations, intellectual property provisions, limitation of liability, indemnification, and all other terms and conditions applicable to the engagement.

In the absence of a duly executed written agreement, no professional relationship is established between you and Baothebarber LLC, and we assume no obligation or liability whatsoever with respect to any information you may provide or any reliance you may place on the content of this website. Any proposal, estimate, or preliminary consultation provided by Baothebarber LLC prior to the execution of a written agreement is non-binding and subject to further negotiation, revision, and mutual written acceptance.

Baothebarber LLC reserves the right to decline to engage with any prospective client for any reason or no reason, at its sole discretion, without any obligation to provide a justification. We further reserve the right to terminate or suspend any existing client engagement in accordance with the termination provisions set forth in the applicable professional services agreement.

6. Prohibited Activities

You agree not to use or access the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by Baothebarber LLC. The following activities are expressly prohibited:

• Engaging in any activity that violates any applicable federal, state, local, or international law, regulation, treaty, or ordinance, including those concerning data privacy, electronic communications, intellectual property, consumer protection, and unfair competition.
• Attempting to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
• Engaging 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.
• Engaging in unauthorized framing of or linking to the website without our express prior written permission.
• Interfering with, disrupting, or creating an undue burden on the website or the networks or servers connected to the website.
• Impersonating or attempting to impersonate Baothebarber LLC, a Baothebarber LLC employee, another user, or any other person or entity, including using the email address, telephone number, or other identifier associated with any of the foregoing.
• Engaging in any activity that threatens, harms, harasses, intimidates, abuses, or discriminates against any individual or group on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, age, disability, or any other protected characteristic.
• Uploading, transmitting, or distributing any material that contains software viruses, worms, trojan horses, spyware, adware, ransomware, rootkits, keyloggers, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
• Engaging in any action that imposes or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or third-party service provider infrastructure.
• Making any unauthorized use of the website, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited commercial communications, or creating user accounts by automated means or under false pretenses.

7. Third-Party Websites and Content

The website may contain links to third-party websites and applications, including advertisers, affiliate partners, technology vendors, and industry resources. Such links are provided solely as a convenience to you and do not imply endorsement by Baothebarber LLC of the linked website, its operator, or its contents. We have no control over, and assume no responsibility or liability for, the content, accuracy, privacy policies, data collection practices, terms of service, or opinions expressed on any third-party website.

If you decide to access any third-party website linked from our website, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of such third-party website. We strongly encourage you to review the terms of service and privacy policy of every website you visit. Baothebarber LLC shall not be responsible or liable, directly or indirectly, for any damage, loss, or offense caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services available on or through any such third-party website or application.

8. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU 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 PERMISSIBLE UNDER APPLICABLE LAW, BAOTHEBARBER LLC AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, BAOTHEBARBER LLC MAKES NO REPRESENTATION OR WARRANTY THAT: THE WEBSITE WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THE INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE, RELIABLE, COMPLETE, CURRENT, OR USEFUL; DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY RESULTS OR OUTCOMES CAN BE ACHIEVED THROUGH THE USE OF THE WEBSITE OR THE SERVICES DESCRIBED THEREIN.

BAOTHEBARBER LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAOTHEBARBER LLC OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SIMILAR DAMAGES OR LOSSES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO: YOUR USE OF OR INABILITY TO USE THE WEBSITE; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; ANY CONTENT OBTAINED FROM THE WEBSITE; OR ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BAOTHEBARBER LLC AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF: ONE HUNDRED UNITED STATES DOLLARS OR THE TOTAL AMOUNT YOU HAVE PAID TO BAOTHEBARBER LLC IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Baothebarber LLC, including its subsidiaries, affiliates, parents, successors, and assigns, and all of their respective officers, directors, managers, members, employees, contractors, agents, licensors, and suppliers, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys fees, fees and the costs of enforcing any right to indemnification under this agreement, and the cost of pursuing any insurance providers, arising out of or resulting from: your breach of these Terms of Service; your use of the website or any services obtained through the website; your violation of any applicable law, rule, or regulation; your infringement of any intellectual property or other right of any third party; any claim that information or material submitted by you violates any third-party right; or your gross negligence, fraud, or willful misconduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Baothebarber LLC. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

11. Termination

These Terms of Service shall remain in full force and effect while you use the website. Without limiting any other provision of these Terms of Service, Baothebarber LLC reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the website to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service, violation of any applicable law or regulation, or engagement in any prohibited activity as described in Section 6. We may terminate your use or participation in the website or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your access to the website for any reason, you are prohibited from attempting to access the website under your name, a false name, or the name of any third party, and you acknowledge that we shall have no liability to you for any termination or suspension of your access. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

The provisions of these Terms of Service that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, limitations of liability, indemnification, governing law and jurisdiction, dispute resolution, and all other provisions necessary for their interpretation or enforcement.

12. Modifications and Interruptions

Baothebarber LLC reserves the right to change, modify, update, suspend, discontinue, or remove the contents of the website at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the website or any services described therein.

We cannot guarantee the website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website. Nothing in these Terms of Service will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes, claims, or controversies arising from or relating to these Terms of Service or the website, whether based in contract, tort, statute, or any other legal theory, shall be governed by and construed in accordance with the internal laws of the State of Utah, without giving effect to any choice-of-law or conflict-of-law principles, rules, or provisions that would cause the application of the laws of any jurisdiction other than the State of Utah.

Any legal suit, action, or proceeding arising out of or relating to these Terms of Service or the website shall be instituted exclusively in the federal courts of the United States or the state courts of the State of Utah, in each case located in Salt Lake County, State of Utah. You irrevocably submit to the exclusive personal jurisdiction of such courts, waive any objection to the laying of venue in such courts, and waive any claim that such courts represent an inconvenient forum.

14. Dispute Resolution and Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Service, the website, 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 binding arbitration in Salt Lake County, Utah. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or failing agreement within thirty days, appointed by the American Arbitration Association. The arbitrator shall have experience in commercial disputes and familiarity with the technology and professional services industry. The arbitrator shall issue a reasoned, written decision explaining the essential findings and conclusions on which the award is based.

The parties agree to arbitrate solely on an individual basis, and these Terms of Service do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

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 irreparable harm pending the outcome of arbitration, without waiving the right to arbitrate the underlying dispute.

15. Limitations on Claims

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION, CLAIM, OR DISPUTE 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, CLAIM, OR DISPUTE IS PERMANENTLY BARRED. THE ONE-YEAR LIMITATION PERIOD SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16. Privacy

Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms of Service by this reference. Please review our Privacy Policy, available at www.baothebarber.autos/privacy.html, to understand our data collection, use, and protection practices. By using the website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

17. Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions relating to our services, including descriptions, service offerings, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time without prior notice. However, we undertake no obligation to update, amend, or clarify information on the website except as required by law.

18. Miscellaneous

Entire Agreement. These Terms of Service, together with our Privacy Policy and any professional services agreement or statement of work executed between the parties, constitute the entire agreement between you and Baothebarber LLC with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website and the services described herein.

Severability. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that provision or part of a provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions, which shall continue in full force and effect to the maximum extent permitted by law.

Waiver. No waiver by Baothebarber LLC of any term or condition set out 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 Baothebarber LLC to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. A waiver of any provision shall be effective only if made in writing and signed by an authorized representative of Baothebarber LLC.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms of Service without the prior written consent of Baothebarber LLC. Baothebarber LLC may assign or transfer any or all of its rights and obligations under these Terms of Service at any time without notice or consent, including to an affiliate, a successor by merger, consolidation, or operation of law, or a purchaser of all or substantially all of our assets or business to which these Terms of Service relate.

Relationship of the Parties. Nothing in these Terms of Service shall be construed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Neither party has any authority of any kind to bind the other in any respect whatsoever except as expressly authorized in writing.

Force Majeure. Baothebarber LLC shall not be liable for any failure to perform or delay in performance of any obligation under these Terms of Service if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, epidemics, pandemics, strikes, labor shortages, failures or fluctuations in electrical power or telecommunications infrastructure, or failures of the internet or third-party service providers.

Notices. All notices, requests, consents, claims, demands, waivers, and other communications under these Terms of Service shall be in writing and addressed to Baothebarber LLC at the address set forth in Section 2 or to you at the email address or physical address you have provided to us. Notices sent by email shall be deemed received upon confirmation of delivery by the sending email server; notices sent by certified or registered mail shall be deemed received three business days after mailing.

Headings. The section headings and subheadings contained in these Terms of Service are included for convenience of reference only and shall not affect the meaning or interpretation of these Terms of Service in any way.

19. Contact Us

If you have any questions, comments, or concerns regarding these Terms of Service, or if you wish to report a violation of these Terms of Service, please contact us using the information below. We endeavor to acknowledge all inquiries within five business days and to provide a substantive response within fifteen business days.