Terms of Service

1. Acceptance of Terms

By accessing the website at www.jygmarketing.autos, engaging our computer systems design and IT consulting services, or otherwise interacting with JYG Marketing, LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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 that context, you and your refer to the entity you represent.

If you do not agree with any provision of these Terms, you must discontinue use of our website and services immediately. Your continued use constitutes ongoing acceptance of these Terms as they may be updated from time to time.

2. Description of Services

JYG Marketing, LLC provides professional computer systems design and related services, including but not limited to: systems architecture design and consulting, network infrastructure planning and implementation, cybersecurity assessment and integration, cloud and hybrid infrastructure deployment, data systems engineering and analytics, and managed IT operations support.

All services are provided pursuant to a separate written agreement, statement of work, or service order executed between JYG Marketing and the client. The specific scope, deliverables, timelines, fees, and terms for each engagement are defined in the applicable service agreement, which supplements and is governed by these Terms of Service.

We reserve the right to modify, suspend, or discontinue any aspect of our service offerings at our discretion, with reasonable notice to affected clients where feasible and contractually obligated.

3. Client Obligations and Responsibilities

To enable JYG Marketing to deliver services effectively, clients agree to the following obligations:

• Provide accurate, complete, and timely information necessary for service delivery, including system credentials, infrastructure documentation, and business requirements as reasonably requested.
• Grant appropriate access to systems, facilities, and personnel required for JYG Marketing to perform the agreed-upon services, subject to mutually agreed security protocols.
• Designate a qualified point of contact with authority to make decisions, provide approvals, and serve as the primary communication channel between the client organization and JYG Marketing.
• Maintain adequate backups of all data, systems, and configurations prior to the commencement of any service engagement involving system modifications or migrations.
• Comply with all applicable laws, regulations, and industry standards in connection with the use of our services and the operation of your technology environment.

4. Intellectual Property Rights

Our Intellectual Property: All methodologies, frameworks, tools, templates, software code, documentation, processes, know-how, and other intellectual property developed or owned by JYG Marketing prior to or independent of any client engagement remain the exclusive property of JYG Marketing, LLC. This includes our proprietary systems architecture frameworks, assessment toolkits, and deployment automation assets.

Client Intellectual Property: All data, materials, systems, and intellectual property owned or licensed by the client prior to the engagement remain the exclusive property of the client. JYG Marketing claims no ownership interest in client-provided materials or data.

Deliverables: Ownership of deliverables created during a service engagement is addressed in the applicable service agreement. Unless otherwise specified, clients receive a perpetual, non-exclusive, non-transferable license to use deliverables for their internal business purposes upon full payment of all fees.

Website Content: All content published on www.jygmarketing.autos, including text, graphics, logos, images, and the overall design, is the property of JYG Marketing, LLC and is protected by United States and international intellectual property laws.

5. Fees, Payment, and Billing

Fees for services are established in the applicable service agreement, statement of work, or proposal accepted by the client. Fee structures may include fixed-price project engagements, time-and-materials billing at agreed hourly rates, recurring retainer arrangements, or other models as mutually agreed.

Unless otherwise specified in the service agreement, payment terms are net thirty days from the invoice date. JYG Marketing reserves the right to charge interest on overdue invoices at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.

Clients are responsible for all applicable federal, state, and local taxes, duties, and levies arising from the services provided, excluding taxes based on JYG Marketing net income. All fees are quoted and payable in United States Dollars unless otherwise agreed in writing.

JYG Marketing reserves the right to suspend or terminate services if payment is not received within sixty days of the invoice due date, provided that we have given at least ten business days prior written notice of such suspension.

6. Limitation of Liability

To the fullest extent permitted by applicable law, JYG Marketing, LLC and its officers, directors, employees, agents, and subcontractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, or cost of substitute services, arising out of or in connection with these Terms of Service or the provision of our services, regardless of the theory of liability.

The aggregate liability of JYG Marketing for any claims arising out of or relating to these Terms or the services provided, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the client to JYG Marketing during the twelve-month period immediately preceding the event giving rise to the claim.

The limitations set forth in this section apply even if JYG Marketing has been advised of the possibility of such damages and notwithstanding the failure of any essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you in whole or in part.

7. Indemnification

You agree to indemnify, defend, and hold harmless JYG Marketing, LLC and its officers, directors, employees, agents, affiliates, and subcontractors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys fees, arising out of or related to:

• Your breach of any representation, warranty, or obligation under these Terms of Service.
• Your use of our website or services in violation of applicable law or third-party rights.
• Any claim that data, materials, or intellectual property you provided to JYG Marketing infringes the rights of a third party.
• Your negligent or willful misconduct in connection with the use of systems, configurations, or deliverables provided by JYG Marketing.

JYG Marketing reserves the right, at its 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 JYG Marketing in asserting any available defenses.

8. Termination

These Terms of Service remain in effect until terminated by either party in accordance with the provisions set forth herein. Termination rights and procedures for individual service engagements are governed by the applicable service agreement.

Termination by Client: You may terminate your relationship with JYG Marketing at any time by ceasing use of our website and providing written notice of termination for active service engagements, subject to any applicable early termination provisions in the governing service agreement.

Termination by JYG Marketing: We may terminate or suspend your access to our services, in whole or in part, immediately upon written notice if: you materially breach these Terms and fail to cure such breach within thirty days of receiving written notice; you engage in fraudulent, illegal, or harmful conduct; or termination is required by law or regulatory authority.

Effect of Termination: Upon termination, your right to access and use our services ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property rights, limitation of liability, indemnification, governing law, and any payment obligations accrued prior to termination.

9. Disclaimer of Warranties

Our website and services are provided on an AS IS and AS AVAILABLE basis, without warranties or conditions of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

JYG Marketing does not warrant that: our website will operate uninterrupted, secure, or error-free; any defects or errors will be corrected; our services will meet your specific requirements or expectations; or any results or outcomes obtained through our services will be accurate, reliable, or suitable for your purposes.

We make no representations or warranties regarding the performance, availability, security, or suitability of third-party products, platforms, or services that may be recommended, integrated, or deployed as part of a service engagement. Any reliance you place on such third-party offerings is at your own risk.

No advice or information, whether oral or written, obtained from JYG Marketing or through our website shall create any warranty not expressly stated in these Terms of Service.

10. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles.

Any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal or state courts located in Utah County, Utah. Each party irrevocably submits to the exclusive personal jurisdiction and venue of such courts and waives any objection based on improper venue or forum non conveniens.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transactions conducted under them. The Uniform Computer Information Transactions Act as enacted in any jurisdiction shall not apply.

11. Dispute Resolution

In the interest of resolving disputes efficiently and cost-effectively, the parties agree to the following dispute resolution process before pursuing formal litigation:

Informal Resolution: Before initiating any formal legal proceedings, the aggrieved party shall provide written notice to the other party describing the nature of the dispute and the desired resolution. The parties shall then engage in good-faith negotiations for a period of at least thirty days in an attempt to resolve the matter amicably.

Mediation: If informal negotiations do not resolve the dispute within the thirty-day period, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed mediator in Utah County, Utah. Each party shall bear its own costs of mediation, and the parties shall equally share the mediator fees.

Arbitration Option: If both parties mutually agree in writing, disputes may be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm.

12. Confidentiality

During the course of our engagement, each party may have access to confidential information belonging to the other party. Confidential Information means any non-public information, whether written, oral, or in electronic 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 its disclosure.

Each party agrees to: use Confidential Information solely for the purpose of performing obligations or exercising rights under these Terms and applicable service agreements; limit access to Confidential Information to personnel and subcontractors who have a need to know and are bound by confidentiality obligations at least as protective as those set forth herein; and protect Confidential Information using the same degree of care used to protect its own confidential information of like nature, but in no event less than reasonable care.

Confidentiality obligations do not apply to information that: is or becomes publicly available through no breach by the receiving party; was independently developed by the receiving party without reference to the disclosing party Confidential Information; or is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt notice to the disclosing party where legally permissible.