Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and The Acorn House Preschool LLC, operating as Acorn House. By accessing or using our website located at www.acornhouse.hair, engaging our computer integrated systems design and consulting services, or otherwise interacting with Acorn House in a professional capacity, you agree to be bound by these Terms.

If you do not agree to all of these Terms, you are expressly prohibited from using our website and services, and you must discontinue use immediately. Supplemental terms, policies, or documents that may be posted on our website from time to time are hereby expressly incorporated herein by reference.

2. Services Description

Acorn House provides professional services in the field of computer integrated systems design, digital infrastructure engineering, cloud architecture, network engineering, cybersecurity integration, data and analytics platform development, and managed operations. The specific scope, deliverables, timeline, and fees for any service engagement shall be defined in a separate written agreement, statement of work, or service contract executed by both parties.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to affected clients. We also reserve the right to decline service to any person or entity for any lawful reason at our sole discretion.

3. Website Use and Intellectual Property

3.1 Ownership

Unless otherwise indicated, all content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design and arrangement thereof, is the exclusive property of The Acorn House Preschool LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

3.2 Limited License

You are granted a non-exclusive, non-transferable, revocable license to access and use our website for your personal or internal business purposes in accordance with these Terms. This license does not include any right to: reproduce, duplicate, copy, sell, resell, or exploit any portion of the website for commercial purposes without our express written consent; systematically retrieve data or content to create a collection, compilation, database, or directory without our written permission; use the website for any unauthorized advertising or solicitation; or circumvent, disable, or interfere with security features of the website.

3.3 Trademarks

Acorn House, the Acorn House logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Acorn House Preschool LLC or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

4. Client Obligations and Responsibilities

When engaging our professional services, you agree to:

• Provide accurate, current, and complete information as required for the service engagement, including system specifications, access credentials, and business requirements.
• Maintain the confidentiality of any access credentials, API keys, or authentication tokens we issue to you for system access.
• Grant us necessary access to your systems, infrastructure, and personnel as reasonably required to perform the contracted services.
• Designate a qualified point of contact with authority to make decisions regarding the scope, priority, and acceptance of deliverables.
• Comply with all applicable laws, regulations, and industry standards relevant to your use of our services and your own business operations.
• Refrain from using our services to engage in any activity that violates the rights of third parties or that is unlawful, harmful, threatening, abusive, or otherwise objectionable.

You acknowledge that delays or deficiencies in meeting these obligations may impact our ability to deliver services according to agreed timelines and may result in additional charges.

5. Fees, Payment, and Billing

5.1 Fee Structure

Fees for our services are defined in the applicable statement of work, proposal, or service agreement. Unless otherwise specified, fees are quoted in United States Dollars and do not include applicable taxes, which shall be your responsibility.

5.2 Payment Terms

Payment terms, including invoicing schedules and due dates, are specified in the applicable agreement. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services in the event of non-payment beyond 30 days past due.

5.3 Expenses

Unless otherwise agreed in writing, you shall reimburse us for reasonable out-of-pocket expenses incurred in the performance of services, including but not limited to travel, software licenses, third-party service fees, and hardware procurement, provided such expenses are pre-approved by you.

6. Confidentiality and Data Handling

Each party acknowledges that in the course of the service engagement, it may receive or have access to confidential information of the other party. Confidential Information includes all non-public information, whether written or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, business plans, technical designs, source code, customer data, financial information, security configurations, and trade secrets.

Each party agrees to hold the other party Confidential Information in strict confidence, not to disclose it to any third party without prior written consent, and to use it only for the purpose of fulfilling obligations under the applicable service agreement. These obligations shall survive termination of the agreement for a period of three years, or indefinitely for trade secrets.

The handling of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our collection, use, and disclosure of personal data as described in the Privacy Policy.

7. Limitation of Liability

To the fullest extent permitted by applicable law, The Acorn House Preschool LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, business interruption, or loss of goodwill, arising out of or in connection with these Terms, the use of or inability to use our website or services, or any service engagement, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

In no event shall our aggregate liability for all claims arising out of or relating to these Terms or any service engagement exceed the total fees paid by you to Acorn House during the twelve months immediately preceding the event giving rise to the claim. The foregoing limitations shall apply even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

8. Disclaimer of Warranties

Our website and services are provided on an as-is and as-available basis. To the fullest extent permitted by law, Acorn House expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We make no warranty that: our website will meet your specific requirements; our website will be available on an uninterrupted, timely, secure, or error-free basis; the results that may be obtained from the use of our services will be accurate or reliable; or any errors or defects in our services will be corrected.

You acknowledge that computer systems, software, and digital infrastructure inherently involve risks, including potential security vulnerabilities and performance variations. Acorn House does not guarantee that our services will eliminate all such risks or achieve any specific business outcome for your organization.

9. Indemnification

You agree to defend, indemnify, and hold harmless The Acorn House Preschool LLC, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising from or related to: your use of or access to our website and services; your violation of these Terms; your violation of any third-party right, including intellectual property or privacy rights; or your violation of applicable laws or regulations.

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 will cooperate with us in asserting any available defenses.

10. Term and Termination

These Terms shall remain in full force and effect while you use our website or services. We reserve the right to terminate or suspend your access to our website and services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

For contracted service engagements, termination shall be governed by the applicable service agreement. Upon termination, your right to use our services will immediately cease, and you shall promptly pay all outstanding fees for services rendered through the effective date of termination.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with 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. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved through good-faith informal negotiations between the parties. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Cache County, Utah, unless otherwise agreed. Each party shall bear its own costs in connection with the arbitration; the parties shall share equally the fees of the arbitrator and the administrative costs of the arbitration.

Notwithstanding the foregoing, Acorn House reserves the right to seek injunctive or other equitable relief in any 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 performance under these Terms, other than payment obligations, caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, war, terrorism, riot, civil unrest, government action, labor disputes, internet or telecommunications failures, or supply chain disruptions. The affected party shall provide prompt notice of the force majeure event and shall use diligent efforts to resume performance as soon as practicable.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Acorn House regarding the use of our website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

13.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

13.3 Waiver

No waiver 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. Any failure by Acorn House to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms at our sole discretion, including to an affiliate or in connection with a merger, acquisition, or sale of assets, without restriction.

13.5 Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Acorn House. Each party is an independent contractor.

13.6 Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide notice by posting the updated Terms on this page and updating the effective date. For active clients, we may provide additional notice via email or through our client portal.

By continuing to access or use our website or services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using our website and services.

15. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact:

The Acorn House Preschool LLC
472 E 200 S
Hyde Park, UT 84318-3515
United States

Email: serve@acornhouse.hair
Phone: +1 (775) 898-8264