Terms of Service

Acceptance of Terms

By accessing or using the website www.podtherapy.lol and any related services provided by Pod Therapy LLC, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not access or use our website or services. These terms constitute a legally binding agreement between you and Pod Therapy LLC governing your use of our platform, content, and services. We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the website following any changes constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically for changes.

Services Description

Pod Therapy LLC provides computer systems design and related professional, scientific, and technical services, including computer integrated systems design, IT consulting, technology infrastructure planning, software architecture consultation, digital transformation strategy, network design and implementation, cybersecurity advisory, and systems integration solutions. Our services are delivered through our website at www.podtherapy.lol, through direct client consultation, and through other communication channels as agreed with our clients. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to affected clients when practicable. We make reasonable efforts to ensure that all information on our website is accurate and current, but we do not guarantee that all information is complete, error-free, or up to date.

User Responsibilities

As a user of our website and services, you agree to the following obligations: you must provide accurate, current, and complete information when using our contact forms, submitting inquiries, or engaging our professional services; you shall not use our website or services for any unlawful purpose or in violation of any applicable local, state, federal, or international law or regulation; you shall not attempt to gain unauthorized access to any part of our website, servers, databases, or internal systems; you shall not interfere with, disrupt, or impair the operation of our website or services, including by introducing viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material; you shall not engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure, including denial of service attacks; you shall not use any automated means, including robots, spiders, scrapers, or similar data mining or extraction tools, to access, collect, or extract data from our website without our express written permission; and you shall not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity. You are solely responsible for maintaining the confidentiality of any account credentials issued to you and for all activities that occur under your account.

Intellectual Property Rights

All content, materials, designs, text, graphics, logos, icons, images, photographs, audio clips, video clips, software, compilations, data, and other intellectual property available on or through www.podtherapy.lol, unless explicitly stated otherwise or owned by a third party, are the exclusive property of Pod Therapy LLC, our affiliates, or our licensors. This content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international treaties and conventions. You may not reproduce, distribute, modify, create derivative works from, publicly perform, publicly display, republish, download, store, transmit, or use any of the materials on our website for commercial purposes without our prior written consent. You may view, download, and print pages from our website for your personal, non-commercial reference use only, provided that you retain all copyright, trademark, and other proprietary notices contained in the materials. Any unauthorized use of our intellectual property may result in legal action, including claims for damages and injunctive relief.

Client Engagements and Project Terms

When you engage Pod Therapy LLC for professional services, the specific terms governing that engagement will be detailed in a separate written service agreement, statement of work, or project proposal executed by both parties. These Terms of Service serve as a general framework for all engagements. Each service agreement shall specify, at a minimum, the scope of work, deliverables, milestones, timelines, fees, payment schedule, acceptance criteria, and any project-specific terms and conditions. Unless otherwise agreed in writing, fees are due within thirty calendar days from the date of invoice. We reserve the right to charge interest on overdue amounts at the rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is less. We also reserve the right to suspend performance of services if invoices remain unpaid for more than thirty days beyond the due date. Either party may terminate a project engagement with thirty days written notice. In the event of termination, you shall pay for all services rendered and all reasonable and non-cancellable costs incurred up to the effective date of termination.

Limitation of Liability

To the maximum extent permitted by applicable law, Pod Therapy LLC, its members, officers, directors, employees, contractors, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, use, goodwill, business interruption, or other intangible losses, arising out of or relating to your access to, use of, or inability to access or use our website or services, any conduct or content of any third party on our website, any content obtained from or through our website, or unauthorized access, use, or alteration of your transmissions, data, or content. Our total aggregate liability for any claims arising under or in connection with these terms, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total amount paid by you to us in the twelve months immediately preceding the event giving rise to the claim. The existence of multiple claims will not expand this limitation. You acknowledge that the fees charged by us reflect this allocation of risk and limitation of liability, and that this limitation is an essential part of our agreement.

Disclaimer of Warranties

Our website and all services, content, and materials available on or through it 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, Pod Therapy LLC expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing, usage, or trade practice. We do not warrant that our website will be uninterrupted, timely, secure, or error-free, that any defects or errors will be corrected, that our website or the servers that make it available are free of viruses, malware, or other harmful components, or that the results obtained from the use of our website or services will be accurate, reliable, or meet your requirements. You assume all risk and responsibility for your use of our website and services. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you. In such cases, the disclaimers shall be applied to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Pod Therapy LLC, its members, officers, directors, employees, contractors, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, judgments, awards, costs, expenses, and fees, including reasonable legal fees and court costs, arising out of or relating to your violation of these Terms of Service, your use of our website or services in violation of applicable law, your infringement of any intellectual property, privacy, or other rights of any person or entity, any content you submit, post, or transmit through our website, or your violation of any rights of a third party. 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 case you agree to cooperate with us in asserting any available defenses and to not settle any such matter without our prior written consent.

Privacy and Data Protection

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms of Service by reference. The Privacy Policy describes our practices regarding the collection, use, storage, processing, and disclosure of your personal data. By using our website and services, you consent to the data practices described in our Privacy Policy and acknowledge that you have read, understood, and agree to how we collect and handle your information. If you do not agree with our Privacy Policy, please do not use our website or services.

Third-Party Links and Content

Our website may contain links to third-party websites, resources, platforms, or content that are not owned, operated, or controlled by Pod Therapy LLC. We provide these links for your convenience and informational purposes only. We do not endorse, sponsor, control, or assume any responsibility or liability for the content, products, services, privacy practices, security practices, or terms of any third-party websites or resources. We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your interactions with and use of third-party websites and services are solely between you and the third party, and we shall not be liable for any damages, losses, or claims arising from or related to such interactions.

Termination and Suspension

We reserve the right, in our sole discretion, to terminate, suspend, or restrict your access to our website and services at any time, without prior notice or liability, for any reason or no reason, including without limitation if you breach any provision of these Terms of Service, if we suspect fraudulent or abusive activity, or if required by applicable law. Upon termination or suspension, your right to access and use our website and services will immediately cease. Any provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law, and dispute resolution.

Governing Law and Dispute Resolution

These Terms of Service and any disputes, claims, or controversies arising out of or relating to them, their subject matter, formation, breach, termination, or validity, shall be governed by and construed in accordance with the laws of the State of Utah and the federal laws of the United States of America, without regard to their conflict of law provisions. Any dispute arising out of or relating to these terms shall first be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty days, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator in Weber County, Utah. If mediation is unsuccessful, the dispute shall be resolved exclusively by the state and federal courts located in Weber County, Utah, and the parties hereby consent to the personal jurisdiction of such courts.

Severability and Waiver

If any provision or part of a provision of these Terms of Service is found to be invalid, illegal, void, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these terms shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, the provision shall be severed from these terms. No failure or delay by either party in exercising any right, power, or remedy under these terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof.

Entire Agreement

These Terms of Service, together with our Privacy Policy, any applicable service agreements, statements of work, and any additional terms referenced herein or expressly agreed to in writing by the parties, constitute the entire and exclusive agreement between you and Pod Therapy LLC regarding your use of our website and services, superseding all prior and contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to the subject matter herein. No modification, amendment, or waiver of any provision of these terms shall be binding unless in writing and signed by an authorized representative of each party.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or our services, please contact us:

We will make every effort to respond to your inquiry promptly and address any questions or concerns you may have regarding these terms or our professional relationship.