1. Introduction and Acceptance of Terms
These Terms of Service constitute a legally binding agreement between you, whether acting as an individual user or on behalf of a legal entity, and MACVantage LLC, a limited liability company organized under the laws of the State of Utah with its principal place of business at 3742 W 2150 N Ste 150, Lehi, UT 84048-7802, United States. By accessing, browsing, or using the website located at www.macvantage.lol, including all subdomains, subpages, and any related digital properties operated by or on behalf of MACVantage LLC, or by engaging our computer integrated systems design services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all documents incorporated by reference.
If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms. In such a case, the terms --you-- and --your-- as used throughout this document shall refer to both you as an individual and the entity you represent jointly and severally. If you do not agree to be bound by all of the terms and conditions set forth herein, you must immediately discontinue all use of the website and must not engage any services offered by MACVantage LLC.
We reserve the right to modify these Terms at any time in accordance with Section 13 below. Your continued use of the website or services after any such modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. We encourage you to print or save a copy of these Terms for your records, as the version posted on the website at the time of any dispute shall be the controlling version for purposes of that dispute.
2. Definitions and Interpretation
For the purposes of these Terms of Service, the following definitions shall apply. --Company,-- --MACVantage,-- --we,-- --us,-- and --our-- refer to MACVantage LLC and its officers, directors, employees, agents, affiliates, successors, and assigns. --You,-- --your,-- and --user-- refer to the individual or entity accessing or using the website or services. --Services-- refers to all computer integrated systems design services, consulting engagements, advisory offerings, architecture design, cloud infrastructure integration, data pipeline engineering, legacy system modernization, and any other professional services provided by MACVantage LLC. --Website-- refers to www.macvantage.lol and all associated subdomains, pages, content, and functionality made available through this domain.
--Content-- includes all text, graphics, images, diagrams, schematics, code, software, documentation, audiovisual materials, data compilations, and any other materials displayed, transmitted, or made available on or through the website. --Agreement-- refers collectively to these Terms of Service, our Privacy Policy, and any statement of work, service-level agreement, project proposal, or engagement letter executed between you and MACVantage LLC. --Intellectual Property Rights-- means all current and future rights in patents, copyrights, trademarks, trade secrets, design rights, database rights, domain names, and all other proprietary rights recognized in any jurisdiction worldwide.
In these Terms, unless the context otherwise requires, words importing the singular include the plural and vice versa, words importing any gender include all genders, and the word --including-- and its variations are to be construed without limitation. Section headings are for convenience only and shall not affect the interpretation of these Terms. References to statutes or regulations include any amendments, reenactments, or successor provisions thereto. Any ambiguity in the interpretation of these Terms shall not be construed against the drafting party, and these Terms shall be given a fair and reasonable interpretation without regard to which party drafted any particular provision.
3. Description of Services
MACVantage LLC provides computer integrated systems design services as defined under NAICS code 541512. Our service offerings encompass the full lifecycle of system architecture engineering, including but not limited to the design of distributed computing environments, the integration of cloud-native and on-premise infrastructure, the engineering of real-time data pipelines and streaming architectures, the planning and execution of legacy system modernization, security-first system design with zero-trust architecture principles, and the provision of independent vendor-neutral systems advisory consulting. Each engagement is governed by a separate statement of work or project agreement that details the specific scope, deliverables, timeline, and fee structure applicable to that engagement.
We do not guarantee that the website or any services will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of the website for business, operational, or security reasons without prior notice. We make no representation that the content available on or through the website is appropriate or available for use in locations outside the United States. Accessing the website from jurisdictions where its content or use is illegal is prohibited, and users who choose to access the website from such locations do so at their own risk and are solely responsible for compliance with local laws.
The services described on the website are informational in nature and do not constitute a binding offer to perform work. A binding engagement arises only upon the mutual execution of a written agreement, statement of work, or project proposal signed by authorized representatives of both MACVantage LLC and the client. Any estimates, timelines, or preliminary assessments provided prior to execution of a formal engagement document are non-binding approximations intended for discussion purposes only and should not be relied upon for planning or budgeting without explicit written confirmation from an authorized MACVantage representative.
4. User Obligations and Acceptable Use
By using the website and engaging our services, you agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations. You further agree that you will not use the website or services for any purpose that is unlawful, fraudulent, or prohibited by these Terms. You are solely responsible for maintaining the confidentiality of any account credentials or access mechanisms associated with the website and for all activities that occur under your account or through your access point. You agree to notify MACVantage immediately of any unauthorized use of your account or any other breach of security.
You represent and warrant that all information you provide to MACVantage, whether through website forms, email communications, telephone conversations, or in-person consultations, is true, accurate, current, and complete. You agree to update such information promptly upon any change. Providing false, misleading, or incomplete information constitutes a material breach of these Terms and may result in immediate termination of your access to the website and services without notice. You further represent that you are at least eighteen years of age and possess the legal capacity to enter into binding contracts.
You agree not to engage in any of the following prohibited activities: attempting to interfere with, compromise, or disrupt the integrity, security, or performance of the website, its servers, or any connected networks; using any automated means such as robots, spiders, or scrapers to access, copy, or monitor the website or its content without our prior express written permission; introducing any malicious or technologically harmful material including viruses, worms, trojan horses, logic bombs, or other destructive code; attempting to gain unauthorized access to any portion of the website, the server infrastructure, or any other systems or networks connected to the website; or impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
5. Intellectual Property Rights
All content, features, and functionality available on or through the website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software code, page layout, and the design, selection, and arrangement thereof, is owned by MACVantage LLC, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The MACVantage name, the MACVantage logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MACVantage LLC or its affiliates and may not be used without prior written permission.
These Terms grant you 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 right to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the website or its content for any commercial purpose without our express written consent; to frame or utilize framing techniques to enclose any trademark, logo, or proprietary information contained on the website; to use any meta tags or hidden text utilizing the MACVantage name or trademarks; or to modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any software used in connection with the website. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
With respect to intellectual property created in the course of a client engagement, the ownership, licensing, and usage rights for deliverables including system architecture designs, technical specifications, software code, documentation, and other work product shall be governed by the specific terms set forth in the applicable statement of work or engagement agreement. Unless otherwise specified in a signed engagement document, MACVantage retains ownership of all pre-existing intellectual property, tools, methodologies, frameworks, and know-how used or developed in the delivery of services, and the client receives a perpetual, non-exclusive, non-transferable license to use the deliverables solely for their internal business operations.
6. Payment Terms and Fees
The fees for services provided by MACVantage LLC, along with the applicable payment schedule, invoicing procedures, and accepted payment methods, shall be as set forth in the statement of work, project proposal, or engagement agreement executed between the parties. Unless otherwise specified in the applicable engagement document, invoices are due and payable within thirty calendar days from the date of issuance. All fees are quoted and payable in United States Dollars and are exclusive of applicable federal, state, and local taxes, which shall be the responsibility of the client unless a valid tax exemption certificate is provided.
Late payments shall accrue interest at the rate of one and one-half percent per month, or the maximum rate permitted by applicable law, whichever is less, calculated from the due date until the date payment is received in full. In the event that collection efforts become necessary, the client agrees to reimburse MACVantage for all reasonable costs incurred in connection with such collection, including attorneys fees and court costs. MACVantage reserves the right to suspend or terminate services in the event of non-payment, provided that reasonable prior written notice has been given to the client.
For website-related transactions, if any paid features or premium content are made available through the website, the specific pricing terms, refund policies, and cancellation procedures applicable to such features will be posted on the relevant pages of the website and are incorporated into these Terms by reference. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the website. We reserve the right to refuse any order placed through the website, to modify pricing at any time without prior notice, and to limit the quantities of any products or services offered.
7. Confidentiality and Non-Disclosure
In the course of your interactions with MACVantage, whether through the website, pre-engagement consultations, or active service engagements, you may disclose or we may receive confidential and proprietary information about your business, technical infrastructure, operational processes, strategic plans, financial data, and other sensitive matters. MACVantage agrees to hold all such confidential information in strict confidence, to use it solely for the purpose of evaluating, providing, or improving the services you have requested, and to protect it using the same degree of care that we use to protect our own confidential information, but in no event less than a commercially reasonable standard of care.
Confidential information does not include information that is or becomes publicly known through no breach of these Terms by MACVantage; was known to MACVantage prior to its disclosure by you, as demonstrated by contemporaneous written records; is independently developed by MACVantage without reference to or use of your confidential information; or is rightfully received by MACVantage from a third party without any obligation of confidentiality. If MACVantage is required by law, regulation, court order, or governmental authority to disclose any confidential information, we will provide you with prompt written notice of such requirement to the extent legally permitted, so that you may seek a protective order or other appropriate remedy.
The obligations of confidentiality set forth in this section shall survive the termination or expiration of these Terms and any underlying engagement agreement for a period of five years, or indefinitely with respect to any information that constitutes a trade secret under applicable law. Upon your written request or upon termination of the business relationship, MACVantage will return or securely destroy all copies of confidential information in our possession, provided that we may retain one archival copy for legal compliance and internal record-keeping purposes, which copy shall remain subject to the confidentiality obligations of this section.
8. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall MACVantage LLC, its officers, directors, employees, agents, affiliates, successors, or assigns be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, business interruption, or other intangible losses, arising out of or relating to the use of or inability to use the website or services, whether based on warranty, contract, tort, including negligence, strict liability, or any other legal theory, regardless of whether MACVantage was advised of the possibility of such damages.
The total aggregate liability of MACVantage LLC for any and all claims arising out of or related to these Terms, the website, or the services, whether in contract, tort, or otherwise, shall not exceed the greater of the total fees actually paid by you to MACVantage during the twelve months immediately preceding the event giving rise to the claim, or one thousand United States dollars. The existence of multiple claims or multiple parties shall not enlarge or extend this limitation. You acknowledge that this allocation of risk is a material inducement for MACVantage to provide the website and services at the stated terms and that MACVantage would not enter into this agreement without these limitations.
The limitations and exclusions set forth in this section apply even if the remedies provided under these Terms fail of their essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, the liability of MACVantage shall be limited to the maximum extent permitted by law. Nothing in these Terms shall limit or exclude liability for death or personal injury caused by gross negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
9. Disclaimer of Warranties
The website and all services, content, materials, and information provided therein are provided on an --as is-- and --as available-- basis, without any representations, warranties, or conditions of any kind, either express or implied. MACVantage LLC expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance, or usage of trade. No advice or information, whether oral or written, obtained from MACVantage or through the website shall create any warranty not expressly stated in these Terms.
Without limiting the generality of the foregoing, MACVantage does not warrant that the website will be secure, error-free, or available at any particular time or location; that any defects or errors will be corrected; that the website or any content is free of viruses or other harmful components; that the results obtained from the use of the website or services will be accurate, reliable, or meet your requirements; or that any information provided through the website or in connection with services is complete, accurate, or current. MACVantage may make changes to the website and the services at any time without notice, but makes no commitment to update the materials or information contained therein.
You acknowledge that any reliance on the website content or any information provided through MACVantage services is at your sole risk. The website may contain technical inaccuracies or typographical errors. MACVantage assumes no responsibility for errors or omissions in the content of the website or in any materials provided as part of the services. The allocation of risk reflected in this disclaimer of warranties is an essential element of the basis of the bargain between you and MACVantage.
10. Indemnification
You agree to indemnify, defend, and hold harmless MACVantage LLC, its officers, directors, employees, agents, affiliates, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, 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 or services, including but not limited to any use of the website content, services, or products other than as expressly authorized in these Terms; your violation of any applicable law, rule, or regulation; your infringement or misappropriation of any intellectual property right or other right of any third party; or any claim that information or materials you submitted to MACVantage caused damage to a third party.
MACVantage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this section, and you agree to cooperate fully with our defense of such claims. You shall not in any event settle any matter without the prior written consent of MACVantage, which consent shall not be unreasonably withheld, conditioned, or delayed. The indemnification obligations set forth in this section shall survive the termination or expiration of these Terms and your use of the website and services.
This indemnification provision is intended to be as broad and inclusive as is permitted by applicable law. If any portion of this provision is held to be invalid under applicable law, the remainder of the provision shall continue in full force and effect. The rights and remedies afforded to MACVantage under this section are cumulative and in addition to any other rights and remedies available under these Terms, at law, or in equity.
11. Termination
These Terms shall remain in full force and effect while you use the website or engage any services of MACVantage LLC. MACVantage may terminate or suspend your access to the website and your right to use any services, in whole or in part, immediately and without prior notice or liability, for any reason or for no reason, including without limitation if we determine, in our sole discretion, that you have breached any provision of these Terms or that your conduct could harm MACVantage, our reputation, our clients, or any third party. Termination of your access to the website does not relieve you of any obligations that have accrued prior to the date of termination.
Upon termination, your right to access and use the website and services shall cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, confidentiality commitments, and dispute resolution provisions. MACVantage shall not be liable to you or any third party for any termination of your access to the website or services.
If you wish to terminate this agreement, you may do so by discontinuing your use of the website and, if applicable, providing written notice of termination of any active engagement agreement in accordance with the termination provisions set forth in that agreement. Termination of these Terms with respect to website access does not automatically terminate any separate engagement agreement, and vice versa, unless the terms of the applicable engagement agreement expressly provide otherwise.
12. Dispute Resolution and Governing Law
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice-of-law or conflict-of-law principles that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transactions hereunder.
Any dispute, controversy, or claim arising out of or relating to these Terms, the website, or the services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of any copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or failing agreement, appointed by the American Arbitration Association.
The arbitration shall take place in Utah County, Utah, and shall be conducted in the English language. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys fees associated with the arbitration, and the parties shall share equally the fees and expenses of the arbitrator and the American Arbitration Association, unless the arbitrator determines that the prevailing party is entitled to an award of costs and fees. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. Modifications to Terms and Services
MACVantage LLC reserves the right, at its sole discretion, to modify, amend, supplement, or replace these Terms of Service at any time and from time to time without prior notice. When we make changes, we will revise the --Last Updated-- date at the top of this page and post the updated Terms on the website. For material changes that substantially affect your rights or obligations, we will make reasonable efforts to provide additional notice, which may include posting a prominent announcement on the website or sending a notification to the email address you have provided to us.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and services following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must discontinue use of the website and services. MACVantage further reserves the right to modify, suspend, or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.
No amendment, modification, or waiver of any provision of these Terms shall be effective against MACVantage unless made in a written instrument signed by a duly authorized officer of MACVantage LLC. The failure of MACVantage to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No oral statements, representations, or course of dealing between the parties shall modify or supplement these Terms.
14. Third-Party Links and Services
The website may contain links to third-party websites, applications, services, and resources that are not owned or controlled by MACVantage LLC. These links are provided solely for your convenience and do not imply any endorsement, sponsorship, or recommendation by MACVantage of the third party, its content, products, or services. MACVantage has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. You acknowledge and agree that MACVantage 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 your use of or reliance on any such third-party content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. Your interactions with third parties found on or through the website, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such interactions, are solely between you and the third party. You agree that MACVantage is not responsible for any loss or claim that you may have against any such third party.
15. Severability and Waiver
If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect. The parties further agree that the court or arbitrator should give effect to the intentions reflected in the provision to the maximum extent possible under applicable law.
No waiver by MACVantage of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MACVantage to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in a written instrument signed by a duly authorized representative of MACVantage LLC expressly referencing the provision to be waived.
16. Entire Agreement
These Terms of Service, together with our Privacy Policy and any other documents expressly incorporated by reference herein, constitute the entire agreement between you and MACVantage LLC concerning your use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter hereof. In the event of any conflict or inconsistency between these Terms and the terms of any separate engagement agreement, statement of work, or project proposal, the terms of the separate engagement document shall control with respect to the specific services described therein, and these Terms shall control with respect to all other matters including website usage.
You acknowledge that in entering into this agreement, you have not relied on any statement, representation, assurance, or warranty, whether made negligently or innocently, other than as expressly set out in these Terms. MACVantage and you each acknowledge and agree that the only remedy available in respect of any misrepresentation or untrue statement made to either party shall be a claim for breach of contract under these Terms. Nothing in this section shall limit or exclude any liability for fraud.
17. Communications and Electronic Consent
By using the website or engaging MACVantage services, you consent to receive communications from us electronically, including via email at the address you have provided, through notices posted on the website, or through other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that you have the necessary hardware and software to receive, access, and retain electronic communications from MACVantage.
For all questions, concerns, or official notices related to these Terms of Service, please contact MACVantage LLC using the contact information provided in Section 18 below. Any notice required or permitted to be given under these Terms shall be deemed delivered when sent by email to the address you have provided and to touch@macvantage.lol, or when delivered personally or sent by certified or registered mail, return receipt requested, to the physical address of the respective party as set forth in these Terms.
18. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to deliver any legal notice to MACVantage LLC, please contact us using any of the following channels. We take all inquiries seriously and will respond with appropriate attention and urgency. Our team monitors all communication channels during regular business hours, Mountain Time, and endeavors to acknowledge all substantive inquiries within two business days.
By Email: Send your inquiry to touch@macvantage.lol. Please use a descriptive subject line that helps us route your message to the appropriate department. For legal notices, include the words --Legal Notice-- (using two dashes on each side rather than quotation marks) at the beginning of your subject line to ensure prioritized handling.
By Telephone: Call us at +14452881098. Please note that certain formal notices and legal communications may require written follow-up even if the initial contact is made by telephone.
By Postal Mail: MACVantage LLC, Attention: Legal Department, 3742 W 2150 N Ste 150, Lehi, UT 84048-7802, United States.
For service-related inquiries, project status updates, or general questions about our computer integrated systems design capabilities, we encourage you to reach out through any of the channels above or to visit our website at www.macvantage.lol for the most current information about our service offerings and areas of expertise.