Terms of Service

Welcome to FDS Logistics LLC. These Terms of Service (referred to as Terms) govern your access to and use of the website located at www.fdslogistics.buzz (the Website) and the professional services provided by FDS Logistics LLC, a limited liability company registered in the State of Utah, United States. By accessing or using the Website or engaging our services, you agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must not access the Website or use our services.

FDS Logistics LLC reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Website or services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. The most current version will always be posted on this page with the Effective Date indicated at the top.

1. Definitions

For the purposes of these Terms, the following definitions apply:

1. Company, we, us, our refers to FDS Logistics LLC, 3910 S Main St Unit 1509, Millcreek, UT 84107-1328, United States.
2. Client, you, your refers to the individual or entity accessing the Website or engaging our services.
3. Services refers to all professional services offered by FDS Logistics, including but not limited to computer systems design, computer integrated systems design, infrastructure planning, and technical consulting.
4. Website refers to www.fdslogistics.buzz and all associated pages, content, and subdomains.
5. Content refers to all text, graphics, images, data, documents, software, and other materials available on or through the Website.

2. Services Description

FDS Logistics LLC provides professional, scientific, and technical services specializing in computer systems design and computer integrated systems design under NAICS codes 541512 and 541513. Our Services include system architecture design, hardware and software integration, infrastructure planning, technical consulting, and related advisory services. Each engagement is governed by a separate service agreement or statement of work that will specify the scope, deliverables, timelines, and fees applicable to that particular project. In the event of any conflict between these Terms and a specific service agreement, the service agreement will control with respect to that particular engagement.

3. Intellectual Property Rights

1. All content, materials, trademarks, trade names, logos, and intellectual property displayed on the Website are the property of FDS Logistics LLC or its licensors and are protected by applicable intellectual property laws.
2. You are granted a limited, non-exclusive, non-transferable license to access and view the Website for your personal or internal business purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Website without our prior written consent.
3. Any deliverables, reports, designs, software code, or other work product created by FDS Logistics specifically for a Client under a paid engagement shall become the property of the Client upon full payment of all fees due, subject to any license reservations or third-party rights specified in the applicable service agreement.

4. Client Obligations

As a condition of using our Website and Services, you agree to the following obligations:

1. You will provide accurate, current, and complete information when requested and will promptly update such information if it changes.
2. You will cooperate with FDS Logistics in good faith and provide timely access to any information, personnel, systems, or facilities reasonably required for the performance of our Services.
3. You will not use the Website for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
4. You will not attempt to gain unauthorized access to any part of the Website, our systems, or the systems of other users.
5. You will not introduce any viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material to the Website or our systems.
6. You will not use any automated means, including bots, scrapers, or crawlers, to access or collect data from the Website without our express permission.

5. Fees and Payment

Fees for Services will be as set forth in the applicable service agreement, statement of work, or invoice provided to you. Unless otherwise agreed in writing, all fees are due within thirty days of the invoice date. Late payments may incur interest at a rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is lower. All fees are stated in United States Dollars and are exclusive of any applicable taxes, duties, or levies, which will be your responsibility. FDS Logistics reserves the right to suspend performance of Services if any invoice remains unpaid for more than thirty days past its due date.

6. Confidentiality

Each party may have access to confidential information of the other party during the course of a service engagement. Confidential information includes all non-public information, whether written, oral, or electronic, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Each party agrees to:

1. Maintain the confidentiality of the other party's confidential information using at least the same degree of care used to protect its own confidential information, but in no event less than a reasonable standard of care.
2. Use confidential information solely for the purpose of performing obligations or exercising rights under the applicable engagement.
3. Not disclose confidential information to any third party without the prior written consent of the disclosing party, except to employees, contractors, or advisors who need to know such information for the permitted purpose and who are bound by confidentiality obligations at least as protective as those contained herein.
4. Return or destroy all confidential information of the disclosing party upon the termination of the engagement or upon the disclosing party's request.

These confidentiality obligations shall survive the termination of any service engagement for a period of five years, or indefinitely for trade secrets.

7. Disclaimer of Warranties

The Website and all content and services provided through it are offered on an as is and as available basis, unless expressly agreed otherwise in a separate service agreement. To the fullest extent permitted by applicable law, FDS Logistics LLC disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.

FDS Logistics does not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. No advice or information obtained by you from FDS Logistics or through the Website shall create any warranty not expressly stated in these Terms. Any services performed by FDS Logistics under a specific engagement agreement will be performed in a professional manner consistent with industry standards, and this provision does not limit any express warranties that may be set forth in such agreement.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall FDS Logistics LLC, its members, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or cost of procurement of substitute services, arising out of or in connection with the use of the Website or the performance or non-performance of Services, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if FDS Logistics has been advised of the possibility of such damages.

In any event, the aggregate liability of FDS Logistics LLC for all claims arising out of or relating to the Website or these Terms shall not exceed the amount paid by you to FDS Logistics in the twelve months preceding the event giving rise to the claim. For services engagements, liability limits will be as specified in the applicable service agreement, provided that nothing in these Terms limits either party's liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be limited by applicable law.

9. Indemnification

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

1. Your use of the Website or Services in violation of these Terms.
2. Your violation of any applicable law or regulation.
3. Your infringement of any intellectual property or other right of any third party.
4. Any content or information you submit or transmit through the Website.

FDS Logistics 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 case you will cooperate fully with FDS Logistics in asserting any available defenses.

10. Termination

FDS Logistics reserves the right, in its sole discretion, to terminate or suspend your access to the Website or Services at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Website and Services will immediately cease. Provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and governing law, shall survive any termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved within thirty days of written notice from one party to the other, the dispute shall be submitted to binding arbitration in Salt Lake County, Utah, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single neutral arbitrator, and the arbitrator's decision shall be final and binding. Each party shall bear its own costs and attorneys fees in any arbitration, unless the arbitrator determines that a party has acted in bad faith or without substantial justification. Nothing in this section prevents either party from seeking injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.

12. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemics, strikes, labor disputes, supply chain disruptions, failures of third-party infrastructure, governmental actions, or any other event that is unforeseeable and outside the reasonable control of the affected party. The affected party shall promptly notify the other party of the force majeure event and shall use commercially reasonable efforts to mitigate its effects and resume performance as soon as practicable.

13. Third-Party Links and Resources

The Website may contain links to third-party websites, applications, or resources that are not owned or controlled by FDS Logistics. We provide these links for your convenience only and do not endorse, control, or assume any responsibility for the content, privacy practices, or terms of use of any third-party site. You acknowledge and agree that FDS Logistics shall not be liable for any loss or damage arising from your use of any third-party resources. We encourage you to review the terms and privacy policies of any third-party sites you visit.

14. Entire Agreement

These Terms, together with any service agreements, statements of work, or other documents expressly incorporated by reference, constitute the entire agreement between you and FDS Logistics LLC regarding your use of the Website and Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between the parties. No amendment to these Terms shall be binding unless made in writing and signed by an authorized representative of FDS Logistics. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect. The failure of FDS Logistics to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Waiver and Severability

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure by FDS Logistics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall remain in full force and effect.

16. Contact Information

If you have any questions, comments, or concerns regarding these Terms of Service, please contact us:

FDS Logistics LLC
3910 S Main St Unit 1509
Millcreek, UT 84107-1328
United States
Email: feedback@fdslogistics.buzz
Phone: +1 659 293 9963