These Terms of Service constitute a legally binding agreement between you (whether an individual or an entity) and PLM Hurricane LLC, a company registered in the United States with its principal business address at 11953 S Emma Mine Dr, Herriman - 84096-7718, United States. By accessing the website at plmhurricane.buzz or engaging PLM Hurricane for computer integrated systems design services, you agree to be bound by these terms. If you do not accept these terms in their entirety, you must immediately cease use of the website and refrain from engaging our services.
1. Definitions
Throughout these Terms of Service, the following definitions apply: PLM Hurricane, we, us, or our refers to PLM Hurricane LLC and its authorized representatives. You or your refers to the individual or legal entity accessing our website or using our services. Services means all computer integrated systems design, engineering, consulting, deployment, maintenance, and support services offered by PLM Hurricane. Website refers to plmhurricane.buzz and all associated subpages. Content means any text, graphics, images, data, code, documentation, system designs, architecture diagrams, and other materials available on or through the website or provided as part of PLM Hurricane services. Agreement refers to these Terms of Service together with any applicable service order, statement of work, or master services agreement executed between you and PLM Hurricane.
2. Acceptance and Modifications
By using the PLM Hurricane website or engaging our services, you represent that you have read, understood, and agree to be bound by these Terms of Service. PLM Hurricane reserves the right to modify these terms at any time without prior individual notice. Material changes will be posted on this page with an updated effective date. Your continued use of the website or services after any modifications constitutes your acceptance of the revised terms. It is your responsibility to review these terms periodically. If you do not agree to any modification, you must discontinue use of the website and services. PLM Hurricane may also modify, suspend, or discontinue any aspect of the website or services at its sole discretion without liability.
3. Website Use and Intellectual Property
All content on the PLM Hurricane website, including but not limited to text, graphics, logos, design layouts, system architecture illustrations, code samples, technical documentation, and software, is the exclusive intellectual property of PLM Hurricane LLC unless otherwise attributed. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website for lawful purposes related to evaluating or engaging PLM Hurricane services. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content from our website without prior written authorization from PLM Hurricane. Systematic retrieval of data or content from the website to create or compile a database, directory, or similar collection is expressly prohibited. All trademarks, service marks, and trade names appearing on the website are the property of their respective owners and may not be used without permission.
4. Services and Engagement Terms
PLM Hurricane LLC provides computer integrated systems design services tailored to each client's specific requirements. All service engagements are governed by a separate written agreement, statement of work, or service order that will define the project scope, deliverables, timeline, fees, and acceptance criteria. In the event of any conflict between these Terms of Service and a signed service agreement, the signed service agreement shall prevail with respect to the specific engagement. PLM Hurricane makes no representations or warranties regarding the suitability of its services for any particular purpose beyond what is expressly stated in the applicable service agreement. Clients acknowledge that integrated systems design involves complex technical components and that the performance of deployed systems may be affected by factors outside PLM Hurricane control, including third-party hardware, network conditions, and environmental factors. PLM Hurricane will use commercially reasonable efforts to deliver services in accordance with agreed specifications but cannot guarantee specific performance outcomes or system availability.
5. Client Obligations
As a condition of using PLM Hurricane services, you agree to: provide accurate, current, and complete information during the engagement process; cooperate fully with PLM Hurricane personnel in connection with service delivery, including providing timely access to facilities, systems, data, and personnel as reasonably required; ensure that any information, data, materials, or systems you provide to PLM Hurricane comply with all applicable laws and do not infringe upon the rights of any third party; maintain the confidentiality of any access credentials, API keys, or security tokens provided in connection with your engagement; notify PLM Hurricane promptly of any changes in your contact information or business circumstances that may affect service delivery; and pay all fees and charges in accordance with the payment terms specified in your service agreement. Failure to meet these obligations may result in service delays or termination.
6. Confidentiality
PLM Hurricane LLC and you each agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of service engagement or website interaction. Confidential information includes, but is not limited to, system architecture designs, network configurations, source code, business processes, financial data, client lists, trade secrets, and any information marked as confidential or that a reasonable person would understand to be confidential under the circumstances. Neither party shall disclose confidential information to third parties without the disclosing party's prior written consent, except as required by law or legal process. Confidentiality obligations survive termination of these Terms of Service and any service agreement for a period of five years from the date of disclosure, or indefinitely for trade secrets and system architecture designs as long as they remain protectable under applicable law.
7. Payment Terms and Fees
Fees for PLM Hurricane services are as set forth in the applicable service agreement or statement of work. Unless otherwise agreed in writing, all fees are payable within thirty days of invoice date. Invoices unpaid after the due date may accrue interest at a rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is lower. PLM Hurricane may suspend services for non-payment after providing written notice and a grace period of ten business days. You are responsible for all applicable taxes, duties, and government levies associated with the services, excluding taxes based on PLM Hurricane net income. All fees are non-refundable except as expressly provided in the applicable service agreement. PLM Hurricane may adjust its standard fee schedule for new engagements upon thirty days written notice, but existing agreements will continue at the rates specified therein.
8. Limitation of Liability
To the maximum extent permitted by applicable law, PLM Hurricane LLC and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to these Terms of Service or the use of our website or services, including without limitation loss of profits, loss of data, business interruption, system downtime, loss of goodwill, cost of substitute services, or damages resulting from system integration errors or failures. PLM Hurricane total cumulative liability for all claims arising under or related to these Terms of Service or any service engagement, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to PLM Hurricane in the twelve months preceding the event giving rise to the claim. This limitation of liability applies even if PLM Hurricane has been advised of the possibility of such damages and regardless of the theory of liability asserted. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply in whole or in part to you.
9. Disclaimer of Warranties
THE PLM HURRICANE WEBSITE AND ALL CONTENT, MATERIALS, AND SERVICES PROVIDED THEREON ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLM HURRICANE LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PLM HURRICANE 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 PLM HURRICANE OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. PLM HURRICANE DOES NOT WARRANT THAT ANY INTEGRATED SYSTEMS DELIVERED WILL MEET YOUR SPECIFIC REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR WEBSITE OR SERVICES.
10. Indemnification
You agree to indemnify, defend, and hold harmless PLM Hurricane LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys fees, arising out of or in any way connected with your use of the website, your violation of these Terms of Service, your violation of applicable laws or regulations, your infringement of any third-party rights, or your breach of any representation or warranty contained herein. PLM Hurricane reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with PLM Hurricane in asserting any available defenses. This indemnification obligation shall survive the termination of these Terms of Service and any service agreements.
11. Termination
PLM Hurricane LLC may terminate or suspend your access to the website, services, or any related accounts immediately without prior notice or liability for any reason, including without limitation if you breach any provision of these Terms of Service. Upon termination, your right to use the website and services will immediately cease. Provisions of these Terms of Service that by their nature should survive termination, including but not limited to intellectual property rights, confidentiality, limitation of liability, indemnification, and governing law, shall survive any termination. You may terminate your use of the website at any time, but termination of a service engagement shall be governed by the terms of the applicable service agreement. PLM Hurricane shall not be liable for any damages resulting from termination of access to the website in accordance with these terms.
12. Governing Law and Dispute Resolution
These Terms of Service and any disputes arising out of or relating to them or the use of the PLM Hurricane website or services shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms of Service or the use of PLM Hurricane services shall first be submitted to non-binding mediation in Salt Lake County, Utah. If the dispute cannot be resolved through mediation within sixty days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to be held in Salt Lake County, Utah. Each party shall bear its own costs and attorneys fees in any mediation or arbitration proceeding, unless otherwise awarded by the arbitrator. You agree that any cause of action arising out of or related to these Terms of Service must commence within one year after the cause of action accrues; otherwise, such cause of action is permanently barred.
13. Severability and Waiver
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable while preserving the original intent of the parties. The failure of PLM Hurricane LLC to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. The section headings in these Terms of Service are for convenience only and shall not affect the interpretation of any provision.
14. Entire Agreement
These Terms of Service, together with any applicable service agreement, statement of work, or service order executed between you and PLM Hurricane LLC, constitute the entire agreement between you and PLM Hurricane regarding the use of the website and services and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral. You acknowledge that you have not relied upon any representations, promises, or statements other than those expressly set forth in these Terms of Service. Any additional or different terms proposed by you in any communication are expressly rejected unless accepted in writing by an authorized representative of PLM Hurricane. These Terms of Service may not be modified or amended except by a written instrument signed by both parties.
15. Contact Information
For questions, concerns, or inquiries regarding these Terms of Service, please contact PLM Hurricane LLC through the following channels:
PLM Hurricane LLC
11953 S Emma Mine Dr
Herriman - 84096-7718, United States
Email: assist@plmhurricane.buzz
Phone: +1 (785) 514-4065
PLM Hurricane typically responds to inquiries within one to two business days. For urgent technical matters related to active system integration projects, clients should use the priority contact channels specified in their service agreement.
PLM Hurricane LLC — Computer Integrated Systems Design. 11953 S Emma Mine Dr, Herriman - 84096-7718, United States.