Terms of Service

I. Acceptance of Terms

By accessing, browsing, or using the website located at www.tpowerconsult.mom and any associated subdomains, webpages, content, tools, services, or functionality provided through the website, including any consulting engagement initiated through the site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and TPowers Consultation LLC, a limited liability company organized under the laws of the State of Utah, with its principal place of business at 563 E 5TH Ave, Salt Lake City, UT 84103-3002, United States, operating under the trade name TPower Consult.

If you do not agree with any part of these Terms of Service, you are expressly prohibited from using the website and must discontinue access immediately. Your continued use of tpowerconsult.mom following any modifications to these terms shall constitute your acceptance of such changes. TPowers Consultation LLC reserves the right to update, amend, or replace any portion of these Terms of Service at its sole discretion, and it is your responsibility to review this page periodically for updates.

Persons under the age of 18 are not permitted to use this website or engage our services without verifiable parental or legal guardian consent. By using this website, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into binding contractual obligations. If you are accessing the website or engaging our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms.

These Terms of Service apply to all users of the website, including without limitation visitors, prospective clients, active clients, vendors, and any other party who accesses or interacts with the website. Supplemental terms and conditions, including statements of work, engagement letters, master service agreements, and non-disclosure agreements, may govern specific consulting engagements and shall prevail over these Terms of Service to the extent of any inconsistency concerning the subject matter of the engagement.

II. Description of Services

TPowers Consultation LLC, through the TPower Consult brand, provides enterprise systems design, cloud architecture, digital transformation strategy, data platform engineering, cybersecurity and compliance advisory, DevOps and SRE transformation, and technical advisory consulting services to businesses, government entities, and other organizations. The website tpowerconsult.mom serves as an informational platform describing our capabilities, service offerings, engagement methodologies, and thought leadership content.

All services are delivered pursuant to separately executed written agreements, including but not limited to engagement letters, statements of work, master service agreements, and project-specific scoping documents. The descriptions of services, including capability clusters, timelines, methodologies, and expected outcomes presented on the website, are for informational and marketing purposes only and do not constitute an offer to contract, a binding proposal, or a guarantee of specific results for any particular engagement.

TPowers Consultation LLC reserves the right, in its sole discretion, to accept or decline any request for consulting services, to modify the scope or methodology of services offered, to discontinue any service offering, and to revise pricing, delivery timelines, and engagement models without prior notice. No consulting relationship is formed solely through the submission of a contact form, email inquiry, or telephone communication. A binding consulting engagement is established only upon mutual execution of a written agreement signed by authorized representatives of both parties.

Any performance metrics, statistics, case studies, or outcome data presented on the website, including but not limited to client counts, cost reduction percentages, deployment velocity improvements, uptime metrics, or certification figures, represent historical results achieved across our portfolio of engagements and are not predictive of outcomes for any future or specific engagement. Individual client results depend on numerous factors, many of which are beyond the control of TPowers Consultation LLC.

III. Website Use and Conduct

You agree to use the tpowerconsult.mom website only for lawful purposes and in a manner consistent with these Terms of Service and all applicable local, state, national, and international laws and regulations. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal or internal business purposes. This license does not include any rights to resell, redistribute, or sublicense any portion of the website or its content.

You agree not to engage in any activity that interferes with or disrupts the proper functioning of the website, including but not limited to uploading viruses, Trojan horses, worms, or other malicious code; attempting to gain unauthorized access to any portion of the website, its servers, networks, or systems through hacking, password mining, or any other means; probing, scanning, or testing the vulnerability of the website or any network connected to it; or engaging in any action that imposes an unreasonable or disproportionately large load on our infrastructure.

The following conduct is expressly prohibited: using the website to transmit spam, chain letters, junk mail, or any form of unsolicited commercial communication; impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; harvesting, collecting, or storing personal data about other users without their express consent; using any automated system, including robots, spiders, scrapers, or offline readers, to access the website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period; or using the website to violate the intellectual property rights, privacy rights, or any other rights of any third party.

IV. Intellectual Property Rights

All content, materials, features, and functionality available on or through the tpowerconsult.mom website, including but not limited to text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, software, page layout, design elements, color schemes, typography, and the overall look and feel of the website, are the exclusive property of TPowers Consultation LLC or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The TPower Consult name, the TPowers Consultation LLC name, related logos, and all product and service names, design marks, and slogans displayed on the website are trademarks or registered trademarks of TPowers Consultation LLC in the United States and other jurisdictions. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of the intellectual property described herein without the prior written consent of TPowers Consultation LLC, except as expressly permitted by these Terms of Service or applicable law.

You are granted a limited, revocable permission to download or print a single copy of materials from this website for your personal, non-commercial, informational use only, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies you make. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content of this website, is strictly prohibited without our prior written authorization.

If you submit any feedback, suggestions, ideas, proposals, or other materials, whether online, by email, by telephone, or otherwise, you agree that TPowers Consultation LLC may, at any time and without restriction, use, edit, copy, publish, distribute, translate, and otherwise exploit in any medium such submissions. We are under no obligation to maintain any submission in confidence, to pay compensation for any submission, or to respond to any submission.

V. User Obligations and Responsibilities

When you submit information through the tpowerconsult.mom website, including via contact forms, email, or telephone, you agree to provide accurate, current, and complete information about yourself or the organization you represent. You are responsible for maintaining the accuracy of any information you provide and for promptly updating such information as necessary. TPowers Consultation LLC shall not be liable for any consequences arising from your failure to provide or maintain accurate information.

You acknowledge that any information you submit through the website, including project details, technical specifications, business requirements, or system architecture information, may be used by TPowers Consultation LLC to evaluate your needs and develop proposals for consulting services. You represent and warrant that you have all necessary rights, permissions, and authority to share such information with us and that doing so does not violate any contractual obligation, confidentiality agreement, or proprietary restriction to which you are subject.

If you create an account, receive login credentials, or are provided access to any client portal or restricted area of the website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify TPowers Consultation LLC immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate accounts at any time for any reason, including violation of these Terms of Service.

VI. Confidentiality

TPowers Consultation LLC recognizes that during the course of consulting engagements, it may receive proprietary, confidential, or trade secret information from clients, including business strategies, technical architecture details, financial data, customer information, product roadmaps, source code, and other sensitive materials. We are committed to maintaining the confidentiality of all such information in accordance with the terms of any applicable non-disclosure agreement, engagement letter, or master service agreement executed between the parties.

For information submitted through the website prior to the execution of a formal agreement, TPowers Consultation LLC will treat such information with reasonable care and will not knowingly disclose it to third parties except as necessary to evaluate your inquiry and prepare a response. However, in the absence of a signed non-disclosure agreement, we cannot guarantee the confidentiality of information submitted through unsecured channels such as website contact forms or standard email correspondence. We strongly recommend that you not transmit highly sensitive or proprietary information through the website contact form.

Our confidentiality obligations do not extend to information that is or becomes publicly available through no fault of TPowers Consultation LLC, was already in our possession without restriction prior to disclosure by you, is rightfully received from a third party without restriction, is independently developed by TPowers Consultation LLC without reference to your confidential information, or that we are required to disclose pursuant to applicable law, regulation, legal process, or enforceable governmental request.

VII. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that TPowers Consultation LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

VIII. Limitation of Liability

The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and TPowers Consultation LLC, and the website and services would not be provided without such limitations. You acknowledge and agree that TPowers Consultation LLC has entered into these Terms of Service in reliance upon the disclaimers of warranty and limitations of liability set forth herein and that the same form an essential basis of the agreement between the parties.

IX. Indemnification

You agree to defend, indemnify, and hold harmless TPowers Consultation LLC, its members, officers, directors, employees, agents, affiliates, contractors, subcontractors, licensors, service providers, successors, and assigns from and against any and all claims, demands, actions, causes of action, suits, proceedings, damages, losses, liabilities, judgments, awards, penalties, fines, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to your violation of these Terms of Service; your use of the website, including but not limited to any user submissions made by you; your violation of the rights of any third party, including intellectual property, privacy, or proprietary rights; your negligence, fraud, or willful misconduct; or your breach of any applicable law, rule, or regulation.

TPowers Consultation LLC reserves 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 such claims. You shall not settle any claim that imposes any obligation, liability, or admission of fault on TPowers Consultation LLC without our prior written consent. This indemnification obligation shall survive the termination or expiration of these Terms of Service and your use of the website.

X. Governing Law and Dispute Resolution

These Terms of Service and any dispute, claim, or controversy arising out of or relating to them, the website, or any consulting services provided by TPowers Consultation LLC, shall be governed by and construed in accordance with the laws of the State of Utah, United States, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the website shall be instituted exclusively in the federal or state courts 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 further waive any right to bring any claim as a plaintiff or class member in any purported class action, collective action, or representative proceeding.

Before initiating any formal legal action, you agree to first contact TPowers Consultation LLC at guide@tpowerconsult.mom and attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for a period of at least sixty (60) days before either party may resort to formal proceedings. This provision does not preclude either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

XI. General Provisions

Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by TPowers Consultation LLC on the website, constitute the entire agreement between you and TPowers Consultation LLC concerning your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website. For consulting engagements, the specific terms of any separately executed engagement letter, statement of work, or master service agreement shall control over these Terms of Service to the extent of any conflict.

Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Service will continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms of Service.

Waiver

No waiver by TPowers Consultation LLC 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 TPowers Consultation LLC to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. A waiver shall be effective only if in writing and signed by an authorized representative of TPowers Consultation LLC.

Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms of Service, by operation of law or otherwise, without the prior written consent of TPowers Consultation LLC. Any attempted assignment, delegation, or transfer in violation of the foregoing shall be null and void. TPowers Consultation LLC may freely assign or transfer these Terms of Service, in whole or in part, without restriction. These Terms of Service shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

Force Majeure

TPowers Consultation LLC shall not be liable for any failure or delay in performance of its obligations under these Terms of Service arising out of or caused by circumstances beyond its reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, epidemic, pandemic, war, invasion, hostilities, terrorist acts, riot, civil unrest, national emergency, revolution, insurrection, government orders, laws or regulations, embargoes or blockades, labor disputes including strikes or lockouts, interruptions or failures of telecommunication, internet, hosting, power, or third-party service provider systems, or any other cause, whether similar or dissimilar to any of the foregoing.

Independent Contractor Relationship

Nothing in these Terms of Service shall be construed as creating a partnership, joint venture, agency, employment, or franchise relationship between you and TPowers Consultation LLC. Both parties are and shall remain independent contractors, and neither party has the authority to bind or commit the other party in any manner whatsoever without the other party's prior written consent.

Headings and Construction

The section headings and numbering used in these Terms of Service are included for convenience and ease of reference only and shall not affect the construction or interpretation of any provision. The language of these Terms of Service shall be construed according to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of these Terms of Service.

Notices

All notices required or permitted under these Terms of Service shall be in writing. Notices to TPowers Consultation LLC shall be sent to 563 E 5TH Ave, Salt Lake City, UT 84103-3002, United States, or by email to guide@tpowerconsult.mom. Notices to you may be sent to the email address or physical address you provide through the website. Notices sent by email shall be deemed received on the business day following transmission if no delivery failure notification is received. Notices sent by certified mail shall be deemed received three business days after deposit.

Third-Party Beneficiaries

These Terms of Service are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Service. No third party shall have any right to enforce any provision of these Terms of Service.

XII. Contact Information

We welcome your questions, comments, and concerns regarding these Terms of Service. If you require clarification about any provision, wish to report a violation, or need to discuss a matter related to your use of tpowerconsult.mom or our consulting services, please contact us through any of the channels listed below. We endeavor to respond to all substantive inquiries within five business days of receipt.

For formal legal notices, including notices of claimed copyright infringement, please use the physical mailing address provided below and clearly mark your correspondence as a legal notice. All other general inquiries may be directed to the email address or telephone number below.