The agreement that governs your relationship with Zuma Spike and Zuma Volley LLC. Please read carefully before using our website or engaging our services.
These Terms of Service constitute a legally binding agreement between you (the user, visitor, or client, referred to herein as User) and Zuma Volley LLC, a Utah limited liability company doing business as Zuma Spike, with its principal place of business at 55 S 200 E, Spanish Fork, UT 84660-2125, United States (referred to herein as Company, Zuma Spike, we, us, or our).
By accessing or using the website zumaspike.lat, any subdomains, any related services, platforms, or applications (collectively, the Services), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of the terms and conditions contained herein, you must discontinue use of the Services immediately and must not access or use them thereafter.
These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein or separately entered into between you and Zuma Spike, form the entire understanding governing your use of the Services. By using the Services, whether as a casual website visitor, a prospective client submitting an inquiry, or a client under an active engagement, you affirm that you are at least 18 years of age and that you possess the legal authority to enter into this agreement. If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.
Zuma Spike reserves the right to modify, amend, or replace these Terms at any time in its sole discretion. When we make material changes, we will update the Effective Date above and provide notice by posting the updated Terms on this page. In the case of significant changes, we may also notify you through the email address you have provided to us or by displaying a prominent notice on our website. Your continued use of the Services after the posting of any revised Terms constitutes your acceptance of those changes. You are responsible for periodically reviewing these Terms to stay informed of any updates.
If any modification to these Terms is unacceptable to you, your sole and exclusive remedy is to discontinue your use of the Services and terminate any ongoing relationship with Zuma Spike in accordance with the termination provisions of any applicable separate agreement.
Zuma Spike, operating under Zuma Volley LLC, is a provider of computer systems design and related professional, scientific, and technical services. Our Services encompass, but are not limited to, cloud architecture design and migration, cybersecurity assessment and implementation, DevOps engineering and pipeline automation, artificial intelligence and machine learning integration, network infrastructure planning and deployment, data analytics and business intelligence, software and application development, and information technology consulting and strategy.
All services are provided subject to the terms of a separate written agreement, statement of work, or service order executed between Zuma Spike and the client (a Service Agreement). In the event of any inconsistency or conflict between these Terms of Service and a signed Service Agreement, the terms of the Service Agreement shall control with respect to the specific services described therein. No services shall be considered engaged, and no obligation on the part of Zuma Spike shall arise, until a Service Agreement has been mutually executed by both parties.
Zuma Spike makes no representation or warranty that the Services, or any portion thereof, will be available or appropriate for use in all jurisdictions. Users who access the Services from outside the United States do so on their own initiative and are responsible for compliance with all applicable local laws and regulations.
Zuma Spike grants you a limited, non-exclusive, non-transferable, and revocable license to access and use zumaspike.lat and its content solely for your personal or internal business purposes, and solely in compliance with these Terms. This license does not include any right to reproduce, modify, distribute, sell, lease, or create derivative works from any portion of the website or its content without our express prior written consent.
You agree that you will not, and will not permit any third party to, engage in any of the following prohibited activities: using the website for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation; attempting to interfere with, compromise, or disrupt the integrity, security, or performance of the website, its servers, or any related networks; engaging in unauthorized access, including probing, scanning, or testing the vulnerability of any system or network connected to the website; uploading or transmitting any malicious code, viruses, worms, or other harmful software; using any automated means such as robots, spiders, or scrapers to access or extract data from the website without our prior written authorization; or impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
We reserve the right to monitor use of the website and to suspend or terminate access to the Services, in whole or in part, at any time, for any reason, without prior notice and without liability. We also reserve the right to report any activity that we reasonably believe to be unlawful to the appropriate law enforcement authorities.
All content, features, and functionality available on the website and through the Services — including but not limited to text, graphics, logos, icons, images, audio and video clips, data compilations, software, code, page layouts, underlying HTML and CSS, and the design, selection, and arrangement thereof — is and shall remain the exclusive property of Zuma Volley LLC, its affiliates, or its licensors, and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The trademarks, service marks, and logos displayed on the website, including without limitation the names Zuma Spike and Zuma Volley and all associated design elements, are registered and unregistered trademarks of Zuma Volley LLC. You may not use, reproduce, or display any of our trademarks without our prior written permission. All other trademarks, service marks, and trade names appearing on the website are the property of their respective owners.
Any feedback, suggestions, ideas, or other materials that you submit to Zuma Spike regarding the Services (collectively, Feedback) shall become our sole property. We may use, reproduce, modify, adapt, publish, and distribute such Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. By submitting Feedback, you irrevocably assign to Zuma Spike all right, title, and interest in and to the Feedback, including all intellectual property rights therein.
With respect to deliverables created for clients under a Service Agreement, intellectual property ownership shall be governed by the terms of that Service Agreement. Unless otherwise expressly agreed in writing, Zuma Spike retains ownership of all pre-existing materials, tools, methodologies, and know-how used in the performance of its services.
As a condition of your use of the Services, you agree to provide accurate, current, and complete information when submitting any form, inquiry, or communication through our website, and to promptly update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of any account credentials or access methods associated with the Services, and you agree to accept responsibility for all activities that occur under your account or through your access credentials.
You agree not to use the Services in any manner that could damage, disable, overburden, or impair the functioning of the website or interfere with any other party's use and enjoyment of the Services. You further agree not to attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.
You are solely responsible for your interactions with other users of the Services, if any, and for all content, data, and materials that you transmit, upload, or otherwise make available through the Services. Zuma Spike reserves the right, but has no obligation, to monitor disputes between you and other users and shall have no liability for any such disputes.
You acknowledge and agree that Zuma Spike is not responsible for any third-party content, websites, services, or resources that may be linked to or accessible through the Services. Any links to third-party websites are provided for convenience only and do not imply any endorsement by Zuma Spike. You access such third-party resources at your own risk.
During the course of your use of the Services or engagement with Zuma Spike, you may receive or become aware of information that is proprietary or confidential to Zuma Spike, including but not limited to business strategies, technical specifications, pricing information, methodologies, trade secrets, and client data (collectively, Confidential Information). You agree to hold all Confidential Information in strict confidence and not to disclose, reproduce, or use any Confidential Information for any purpose other than as expressly authorized by Zuma Spike in writing.
Confidential Information does not include information that: is or becomes publicly available through no breach of these Terms by you; was known to you prior to your receipt from Zuma Spike, as evidenced by your written records; is independently developed by you without use of or reference to Confidential Information; or is required to be disclosed by law, regulation, or court order, provided that you give Zuma Spike prompt written notice of such required disclosure and reasonably cooperate with Zuma Spike in seeking a protective order or other appropriate remedy.
Your obligations of confidentiality with respect to Confidential Information shall survive the termination of these Terms and any Service Agreement for a period of three years, or indefinitely with respect to any Confidential Information that constitutes a trade secret under applicable law.
If you are a client under a Service Agreement, the confidentiality provisions of that Service Agreement shall govern the handling of any information exchanged in connection with the services provided thereunder, and to the extent of any conflict, the Service Agreement shall control.
THE SERVICES, INCLUDING THE WEBSITE AND ALL CONTENT, FEATURES, AND FUNCTIONALITY AVAILABLE THROUGH THE SERVICES, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZUMA VOLLEY LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
ZUMA SPIKE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND YOUR RELIANCE UPON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION.
NO ADVICE, INFORMATION, OR COMMUNICATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZUMA SPIKE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ZUMA SPIKE SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZUMA VOLLEY LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, OR OTHERWISE ARISING OUT OF THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ZUMA SPIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE AGGREGATE LIABILITY OF ZUMA VOLLEY LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO ZUMA SPIKE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ZUMA SPIKE AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. WITHOUT THESE LIMITATIONS, ZUMA SPIKE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
You agree to defend, indemnify, and hold harmless Zuma Volley LLC and its affiliates, and each of their respective officers, directors, employees, agents, contractors, licensors, successors, and assigns, from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to: your use of or access to the Services, including any data, content, or materials transmitted or received by you; your violation of any term of these Terms; your violation of any applicable law, rule, or regulation; your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality obligation, property right, or privacy right; or any claim that your use of the Services caused damage to a third party.
Zuma Spike 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 fully with Zuma Spike in asserting any available defenses and to reimburse Zuma Spike for any costs or expenses incurred in connection with such defense to the extent such indemnification obligation applies. You shall not, in any event, settle any claim or matter without the prior written consent of Zuma Spike, which consent shall not be unreasonably withheld, conditioned, or delayed.
These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, or the relationship between you and Zuma Spike 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 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 to any transaction contemplated hereunder.
Any legal action, suit, or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the state or federal courts located in Utah County, State of Utah, and each party irrevocably submits to the exclusive personal jurisdiction and venue of such courts. You irrevocably waive any objection, including any objection based on forum non conveniens or improper venue, to the exercise of jurisdiction by such courts. You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one year after such claim or cause of action arose, or it shall be permanently barred.
Notwithstanding the foregoing, Zuma Spike may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, Confidential Information, or other proprietary interests.
These Terms of Service, together with the Privacy Policy and any Service Agreement executed between you and Zuma Spike, constitute the entire agreement between you and Zuma Spike concerning your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and communications, whether written or oral, relating to the subject matter hereof.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be enforced to the fullest extent possible, or if incapable of such enforcement, shall be deemed severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
No failure or delay by Zuma Spike in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach, whether of the same or a different nature.
You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms, in whole or in part, without the prior written consent of Zuma Spike. Any attempted assignment in violation of this section shall be null and void. Zuma Spike may freely assign, transfer, or delegate these Terms, in whole or in part, without restriction and without prior notice to you. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
Zuma Spike shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, internet or telecommunications outages, power failures, denial-of-service attacks, governmental actions, embargoes, or any other cause beyond the reasonable control of the affected party.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Zuma Spike. Neither party has any right or authority to bind the other or to incur any obligation on the other's behalf, except as expressly provided in a separate written agreement signed by both parties.
All notices, requests, demands, and other communications under these Terms shall be in writing. Notices to Zuma Spike shall be sent to the contact address provided in Section 12 below. Notices to you may be sent to the email address you provided through our website or through any other contact method you have made available to us. Notice shall be deemed delivered when sent by email (with confirmation of receipt) or three business days after mailing by certified or registered mail, return receipt requested.
Any provision of these Terms that, by its nature, should survive termination or expiration of your use of the Services shall so survive, including without limitation the provisions concerning intellectual property rights, confidentiality, disclaimer of warranties, limitation of liability, indemnification, governing law, and general provisions.
The section headings used in these Terms are for convenience and reference only and shall not affect the construction or interpretation of any provision. The language of these Terms shall be construed according to its fair meaning and not strictly for or against any party. Any ambiguity shall not be interpreted against the drafting party.
If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to provide notice to Zuma Spike in accordance with these Terms, please contact us using the information provided below. We encourage you to reach out before initiating any formal legal process, as we are committed to resolving disputes amicably and in good faith.
Zuma Volley LLC
DBA Zuma Spike
55 S 200 E
Spanish Fork, UT 84660-2125
United States
Email: mail@zumaspike.lat
Phone: +1 (985) 615-6331
Website: www.zumaspike.lat
All communications, including legal notices, should be directed to the email address above with a subject line clearly indicating the nature of the communication. We will make reasonable efforts to respond to all inquiries within ten business days of receipt.