Acceptance of These Terms
These Terms of Service constitute a binding agreement between you and El Gallo Painting LLC, operating as RoosterBrush, governing your access to and use of this website and the services we provide. By accessing this website, contacting our team, or engaging our services, you agree to be bound by these terms in their entirety.
If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. In such a case, the terms you and your refer to that entity as well as to you as an individual.
If you do not agree with any part of these terms, you must not use this website or our services. We reserve the right to modify these terms at any time, as described in the Changes to These Terms section below, and your continued use of the website after any modification constitutes acceptance of the updated terms.
These terms should be read together with our Privacy Policy, which describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated by reference into these terms.
Definitions
For clarity, the following terms have the meanings set out below whenever they appear in these terms.
Services refers to the computer systems design, architecture, cloud, cybersecurity, data engineering, and related professional services offered by RoosterBrush and described on this website.
Website refers to this website, located at roosterbrush.mom, including all pages, content, and functionality made available through it.
Content refers to all text, graphics, logos, designs, code, documentation, and other materials displayed on or made available through the website or as part of the services.
We, us, and our refer to El Gallo Painting LLC, doing business as RoosterBrush, with its principal office at 284 W Center St, Heber City, UT 84032-1820, United States. You and your refer to the individual or entity accessing the website or using the services.
Project Materials refers to any designs, specifications, diagrams, code, documentation, or other deliverables produced for you in the course of an engagement.
Eligibility
To use this website and to engage our services, you must be at least eighteen years of age and capable of forming a legally binding contract. By using the website, you represent and warrant that you meet these requirements.
If you are using the website on behalf of an entity, you further represent that you are authorized to act on behalf of that entity and that the entity agrees to be bound by these terms. We may request proof of that authority where appropriate.
We may decline to provide services to any person or entity at our sole discretion, including where doing so would be unlawful, where a conflict of interest exists, or where we determine that the engagement would not be appropriate for any reason. We are not obligated to provide a reason for declining an engagement.
Description of Services
RoosterBrush provides professional services in the field of computer systems design and related disciplines. Our work includes, but is not limited to, systems architecture reviews, network and cloud infrastructure design, cybersecurity assessments and remediation, data platform engineering, and technology advisory.
The descriptions of services on this website are provided for informational purposes only and do not constitute a binding offer. The specific scope, deliverables, timeline, and fees for any engagement are set out in a separate written agreement, statement of work, or proposal signed by both parties.
To the extent of any conflict between the general descriptions on this website and a specific written agreement, the written agreement shall control. We do not guarantee any particular result, outcome, or performance level except as expressly stated in a signed agreement.
We may update, change, or discontinue any service described on this website at any time without notice, provided that such changes do not affect the terms of any engagement already underway except as agreed in writing.
Use of the Website
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use this website for your personal or internal business purposes, subject to these terms. This license does not include any right to copy, modify, distribute, sell, or create derivative works from the website or its content.
You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of the website by, any third party. You agree not to interfere with the operation of the website or to attempt to gain unauthorized access to any portion of it.
We may restrict, suspend, or terminate your access to the website at any time if we determine that you have violated these terms or that your use of the website poses a risk to us or to other users. We may also modify or discontinue any portion of the website without prior notice.
The website is provided as is and as available, and we do not warrant that it will be uninterrupted, error-free, or free of harmful components. You use the website at your own risk.
Accounts and Communications
Certain features of this website, such as the contact form, allow you to communicate with our team without creating an account. By submitting information through these features, you represent that the information you provide is accurate and that you are authorized to provide it.
If we provide you with any credentials or access to any client portal or system in the future, you are responsible for maintaining the confidentiality of those credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your credentials.
By providing your contact information, you consent to receive communications from us related to your inquiry or engagement, including email and phone communications. You may opt out of non-essential communications at any time by contacting us, although we may still send you messages required for the operation of any active engagement.
Prohibited Conduct
In connection with your use of this website and our services, you agree not to engage in any of the following activities. This list is illustrative and not exhaustive.
You may not use the website to transmit any content that is unlawful, defamatory, harassing, threatening, obscene, or otherwise objectionable. You may not impersonate any person or entity, or misrepresent your affiliation with any person or entity.
You may not attempt to probe, scan, or test the vulnerability of the website or any connected system, or to breach any security or authentication measures. You may not use any automated means, including robots, scrapers, or crawlers, to access the website in a manner that imposes an unreasonable load on our infrastructure.
You may not reverse engineer, decompile, or disassemble any software provided as part of the website or services, except to the extent such restriction is expressly prohibited by applicable law. You may not use the website to develop a competing product or service.
Intellectual Property
All content on this website, including text, graphics, logos, icons, images, and software, is the property of El Gallo Painting LLC or its licensors and is protected by applicable intellectual property laws. The RoosterBrush name and logo, and any associated marks, are trademarks of El Gallo Painting LLC.
Except as expressly permitted by these terms, you may not reproduce, distribute, modify, display, perform, or otherwise use any content from this website without our prior written consent. Unauthorized use of our intellectual property is prohibited and may give rise to liability under applicable law.
Any goodwill arising from the use of our trademarks shall inure solely to our benefit. Nothing in these terms grants you any right, title, or interest in our intellectual property other than the limited license described in the Use of the Website section.
Project Materials delivered to you under a separate written agreement shall be owned or licensed as set out in that agreement. In the absence of an express provision, ownership of intellectual property in Project Materials remains with us, subject to a license for your use as described in the applicable agreement.
User Submissions
When you submit information or materials to us through the website, such as through the contact form or by email, you grant us a non-exclusive, royalty-free license to use that information for the purpose of responding to you and providing our services. This license is limited to the purposes for which you provided the information.
You represent and warrant that any information or materials you submit do not infringe the rights of any third party and do not contain any unlawful or harmful content. You are solely responsible for the accuracy and legality of the information you submit.
We have no obligation to use, retain, or respond to any submission, and we may delete any submission from our systems in accordance with our Privacy Policy and data retention practices. We do not treat unsolicited submissions as confidential unless a separate confidentiality agreement is in place.
Do not submit sensitive personal information, credentials, or proprietary source code through the public website contact form unless you are comfortable doing so over the channel you have chosen. For sensitive matters, contact us directly to arrange a secure channel.
Fees and Payment
The fees for our services are set out in the applicable written agreement, proposal, or statement of work. Unless otherwise agreed in writing, fees are stated in United States dollars and are exclusive of any applicable taxes, which you are responsible for paying.
Payment terms, including any deposit, milestone, or invoicing schedule, are as set out in the applicable agreement. We may suspend or delay work if invoices are not paid when due, and we may charge interest on overdue amounts to the extent permitted by law.
Where a project involves third-party products or services, such as software licenses or cloud resources, those costs may be passed through to you or billed directly by the third party, as described in the applicable agreement. We are not responsible for third-party charges that you incur directly.
We will provide reasonable notice of any change in fees for ongoing or subscription services. Such changes will not affect the fees for work already performed or for an engagement whose fees are fixed in a signed agreement.
Confidentiality
In the course of providing services, we may receive or have access to confidential information about your business, systems, and operations. We will treat such information as confidential and will use it only for the purpose of providing the services, except as otherwise agreed in writing.
Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, information that was already known to the receiving party without an obligation of confidentiality, information independently developed by the receiving party, or information that the receiving party is required to disclose by law.
Our confidentiality obligations are subject to our separate Privacy Policy, which governs the handling of personal information. Where a separate non-disclosure or confidentiality agreement is in place, that agreement controls to the extent of any conflict with this section.
We may disclose confidential information to our employees, contractors, and advisors who need to know it for the purpose of providing the services and who are bound by confidentiality obligations. We take reasonable measures to protect confidential information in our care.
Warranties and Disclaimers
We will perform our services in a professional and workmanlike manner, consistent with generally accepted industry standards. Except as expressly stated in a signed agreement, this is our sole warranty with respect to the services.
To the maximum extent permitted by law, the website and all content are provided on an as is and as available basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the website will be uninterrupted, secure, or error-free, that defects will be corrected, or that the website or the servers that make it available are free of viruses or other harmful components. We do not warrant that any information on the website is complete, accurate, or current, although we strive to keep it so.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the maximum extent permitted by law.
Limitation of Liability
To the maximum extent permitted by law, El Gallo Painting LLC, its officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your use of the website or services.
Our total aggregate liability arising out of or related to these terms or the services, whether in contract, tort, or otherwise, shall not exceed the greater of one hundred United States dollars or the amount actually paid by you to us for the specific service giving rise to the claim during the twelve months preceding the event giving rise to the claim.
The limitations in this section apply to the fullest extent permitted by law and apply regardless of whether the claim is based on warranty, contract, tort, or any other legal theory, and whether or not we were advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless El Gallo Painting LLC, its officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys fees, arising out of or related to your use of the website, your violation of these terms, or your violation of the rights of any third party.
This obligation includes claims arising from any content or information you submit to us, any misrepresentation you make in connection with the services, and any unlawful or harmful conduct on your part. You agree to cooperate fully in the defense of any such claim.
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. This section survives any termination of these terms.
Termination
These terms remain in effect until terminated by either party. You may terminate these terms at any time by ceasing to use the website and our services. We may terminate or suspend these terms, or your access to the website, at any time and for any reason, with or without notice.
Termination of these terms does not affect any rights or obligations that have accrued prior to termination, nor does it affect any obligations that by their nature survive termination, including those relating to intellectual property, confidentiality, indemnification, and limitation of liability.
Upon termination, your right to use the website shall immediately cease, and you agree to destroy any copies of content obtained from the website that you may have retained. Any amounts owed for services already performed shall remain due and payable.
The termination of an individual engagement is governed by the applicable written agreement and may be subject to notice, wind-down, and payment provisions set out in that agreement.
Third-Party Services
The website may contain links to, or integrate with, third-party websites and services. We do not control these third parties and are not responsible for their content, practices, or availability. Your use of any third-party service is subject to that service own terms and policies.
Where we recommend or deploy third-party products as part of our services, such as cloud platforms or licensed software, you may be required to agree to the terms of those third parties. You are responsible for reviewing and complying with those terms.
We are not liable for any loss or damage arising from your use of third-party services, including any failure, interruption, or security issue affecting those services. Any dispute between you and a third party is solely between you and that third party.
Changes to These Terms
We may revise these Terms of Service from time to time to reflect changes in our services, our practices, or applicable law. When we make material changes, we will update the Last updated date at the top of this page and may post a notice on the website.
Changes become effective when they are posted unless a different effective date is specified. Your continued use of the website after a change is posted constitutes your acceptance of the revised terms.
We encourage you to review these terms periodically so that you are aware of the current terms that apply to your use of the website and our services. If you do not agree with the revised terms, you should discontinue use of the website.
Governing Law and Disputes
These terms 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.
Before initiating formal legal proceedings, you agree to contact us and attempt to resolve any dispute informally in good faith. We value direct communication and will make a genuine effort to reach a resolution without litigation.
Any legal action arising out of these terms shall be brought exclusively in the appropriate state or federal courts located in Utah, and you consent to the personal jurisdiction of those courts. You waive any objection based on inconvenient forum.
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. A provision may be modified to the minimum extent necessary to make it enforceable while preserving its intent.
Contact Information
If you have questions about these Terms of Service or about our services, please contact us using the details below. We will respond as promptly as we are able.
Email: alert@roosterbrush.mom
Phone: +1 858 786 5406
Mail: El Gallo Painting LLC, 284 W Center St, Heber City, UT 84032-1820, United States
For privacy-related questions, please refer to our Privacy Policy, which is available on this website and describes how we handle personal information.