IMPORTANT: These Terms of Service constitute a legally binding agreement between you and Linchpin Advisory, LLC. By accessing our website or using our services, you agree to be bound by these terms. If you do not agree, do not use our website or services.

1. Definitions and Interpretation

For the purposes of these Terms of Service, the following definitions apply. The terms defined here shall have the same meaning regardless of whether they appear in singular or plural form.

2. Acceptance of Terms

By accessing, browsing, or using our website, or by engaging Linchpin Advisory for professional services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. These terms apply to all visitors, users, clients, and others who access or use our website or services.

If you are using our website or services 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 case, references to you shall also refer to that entity.

We reserve the right to modify or replace these Terms of Service at any time at our sole discretion. Material changes will be communicated by posting the updated terms on our website with a revised effective date. Your continued use of the website or services after any such modifications constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically for changes.

3. Description of Services

Linchpin Advisory provides professional computer systems design and related services within the Professional, Scientific, and Technical Services sector. Our services encompass, but are not limited to, the following areas of practice:

The specific scope of services, deliverables, timelines, and fees for any engagement shall be set forth in a separate written professional services agreement or statement of work executed by both parties. Nothing on this website constitutes a binding offer to perform services, and we reserve the right to decline any engagement at our sole discretion.

4. Website Use and Access

4.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website for your legitimate business purposes in accordance with these terms. You may view, download, and print pages from the website for your personal and internal business use, subject to the restrictions set forth below.

4.2 Prohibited Activities

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

4.3 Account Security

If you are provided with a username, password, or any other piece of information as part of our security procedures for accessing restricted areas of our website or client portal, you must treat such information as confidential and must not disclose it to any third party. You are responsible for all activities that occur under your account credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, and the design, selection, and arrangement thereof, is the exclusive property of Linchpin Advisory, LLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The trademarks, service marks, trade names, and logos displayed on the website, including the name Linchpin Advisory and the associated logo, are registered and unregistered trademarks of Linchpin Advisory, LLC. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without our prior written permission.

5.2 Work Product and Deliverables

Ownership and licensing of work product, deliverables, documentation, and intellectual property created in the course of a professional services engagement shall be governed by the terms of the applicable professional services agreement or statement of work entered into between the parties. Unless otherwise agreed in writing, Linchpin Advisory retains ownership of its pre-existing intellectual property, methodologies, tools, frameworks, and know-how, while the client retains ownership of its confidential information and pre-existing materials provided to us.

5.3 User-Submitted Content

If you submit, post, upload, or otherwise make available any content, information, or materials to us through our website or in connection with our services, you grant Linchpin Advisory a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process such content solely for the purpose of providing our services and operating our business. You represent and warrant that you own or have the necessary rights to any content you submit and that such content does not violate the rights of any third party.

6. Confidentiality

In the course of providing our services, we may receive or have access to confidential and proprietary information belonging to you or your organization. Confidential Information includes all non-public information disclosed by you to us, whether in written, oral, electronic, or other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Linchpin Advisory agrees to hold all Confidential Information in strict confidence, to use such information solely for the purpose of providing the services, and to not disclose Confidential Information to any third party without your prior written consent, except as required by law or as necessary to our employees, contractors, and professional advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein.

The obligation of confidentiality does not apply to information that: (a) is or becomes publicly available through no breach of these terms by us; (b) was rightfully in our possession prior to disclosure by you; (c) is independently developed by us without use of or reference to your Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that we give you prompt notice of such requirement to the extent legally permitted.

7. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LINCHPIN ADVISORY, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Without limiting the foregoing, Linchpin Advisory does not warrant that: (a) the website will function uninterrupted, securely, or be available at any particular time or location; (b) any errors or defects in the website will be corrected; (c) the website is free of viruses or other harmful components; (d) the content on the website is accurate, complete, reliable, or current; or (e) the results of using the website or our services will meet your requirements or expectations.

Any reliance you place on the information provided on our website is strictly at your own risk. The content on our website is provided for general informational purposes only and does not constitute professional advice. You should consult with qualified professionals before making decisions based on information obtained from our website. No professional relationship is created solely by your use of our website or your submission of an inquiry through our contact form.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINCHPIN ADVISORY, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF LINCHPIN ADVISORY, LLC FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO LINCHPIN ADVISORY FOR SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. In such jurisdictions, the liability of Linchpin Advisory shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Linchpin Advisory, LLC and its members, managers, officers, employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys fees) arising out of or relating to: (a) your violation of these Terms of Service; (b) your use of the website or services in any manner not expressly authorized by these terms; (c) your violation of any applicable law, regulation, or the rights of any third party; or (d) any content or information you submit, post, or transmit through the website.

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 claim subject to indemnification without our prior written consent if such settlement would impose any obligation or liability on us or adversely affect our rights.

10. Third-Party Links and Resources

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Linchpin Advisory. 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, practices, or availability of any third-party websites or services. The inclusion of any link does not imply endorsement by Linchpin Advisory of the linked website or any association with its operators.

You acknowledge and agree that Linchpin Advisory 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 content, goods, or services available on or through any third-party websites or services. We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit.

11. Termination

We reserve the right to terminate or suspend your access to our website and services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the website and our services will immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

If you wish to terminate your relationship with Linchpin Advisory, you may simply discontinue using our website. For active professional services engagements, termination shall be governed by the terms of the applicable professional services agreement. Any fees earned or expenses incurred by Linchpin Advisory prior to the effective date of termination shall remain due and payable.

12. Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule.

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Linchpin Advisory at care@linchpinadvisory.buzz and engaging in good-faith negotiations for a period of at least thirty days. If the dispute is not resolved through informal negotiations, either party may pursue available legal remedies as set forth below.

12.2 Jurisdiction and Venue

Any legal suit, action, or proceeding arising out of or related to these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake County, Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You agree that any claim or cause of action arising out of or related to these terms must be filed within one year after such claim or cause of action arose, or it shall be forever barred.

13. Professional Services Engagements

The terms governing any specific professional services engagement shall be set forth in a separate written agreement executed by authorized representatives of both parties. In the event of any conflict between these Terms of Service and the terms of a separately executed professional services agreement or statement of work, the terms of the professional services agreement or statement of work shall prevail with respect to the specific engagement to which it pertains.

Nothing on this website shall be construed as creating a professional relationship, partnership, joint venture, employment relationship, or agency relationship between you and Linchpin Advisory. We provide services as an independent contractor, and no engagement shall commence until a written agreement has been fully executed by both parties.

14. Communications

By providing your email address or telephone number to Linchpin Advisory, you consent to receive communications from us related to our services, including responses to your inquiries, project updates, invoices, and administrative notices. You may opt out of receiving marketing communications at any time by contacting us or by following the unsubscribe instructions included in our emails. However, we reserve the right to continue sending you transactional and administrative communications related to our ongoing business relationship.

15. General Provisions

15.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any separately executed professional services agreement, constitute the entire agreement between you and Linchpin Advisory regarding the use of our website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

15.2 Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these terms. The remaining provisions shall continue in full force and effect and shall be construed so as to best effectuate the original intent of the parties.

15.3 Waiver

No waiver by Linchpin Advisory 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 Linchpin Advisory to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms of Service without our prior written consent. Linchpin Advisory may assign or transfer its rights and obligations under these terms at any time without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. These terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

15.5 Force Majeure

Linchpin Advisory shall not be liable for any failure or delay in performance of its obligations under these terms arising out of or caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government orders, pandemics, failure of telecommunications networks, power outages, or denial-of-service attacks.

15.6 Relationship of the Parties

Nothing in these Terms of Service shall be construed as creating a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Linchpin Advisory. You have no authority to make or accept any offers or representations on our behalf or to bind us in any manner.

16. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to provide legal notice to Linchpin Advisory, please contact us through any of the following channels. We value your feedback and will endeavor to respond promptly to all legitimate inquiries.

Linchpin Advisory, LLC
9740 S Amber Ln
Sandy, UT 84094-3633
United States

Email: care@linchpinadvisory.buzz
Phone: +1 (270) 490-5980
Website: www.linchpinadvisory.buzz

For legal service of process, please use the physical address listed above and direct correspondence to the attention of Legal Department. Any notices required or permitted to be given under these terms shall be in writing and delivered by email or by certified mail, return receipt requested, to the address set forth above.