Terms of Service

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

• Company refers to Quincy Avenue Apartments GHW, LLC, doing business as Quincy Suites, with a registered address at 260 S 1200 W, Orem, UT 84058-5129, United States.
• Website refers to the publicly accessible web pages hosted at the domain https://www.quincysuites.mom and all subdomains, subdirectories, and resources served from that origin.
• Services refers to the computer systems design, IT consulting, infrastructure architecture, systems integration, network engineering, and related professional services offered and provided by Quincy Suites, including any deliverables, reports, diagrams, documentation, or recommendations produced in the course of an engagement.
• Client refers to any individual or entity that has entered into a formal services agreement with Quincy Suites, whether through a signed statement of work, a master services agreement, or an equivalent written instrument.
• User refers to any individual who accesses or browses the Website, regardless of whether they have entered into a formal Client relationship with Quincy Suites.
• Content refers to all text, images, graphics, diagrams, code, designs, and other materials displayed on or accessible through the Website.
• Engagement Agreement refers to a separately executed written agreement between Quincy Suites and a Client that defines the specific scope, deliverables, timeline, and fees for a particular project or service engagement.

Quincy Suites provides professional services in the field of computer systems design and related services, including but not limited to systems architecture planning, infrastructure modernization consulting, cloud migration and integration services, network engineering and design, security posture assessment and architecture, DevOps platform engineering, and technical project management.

The descriptions of services presented on our Website are for informational purposes only and do not constitute a binding offer to provide services. All services are subject to the execution of a formal Engagement Agreement between Quincy Suites and the Client. The scope, deliverables, timeline, fees, and other material terms of any professional engagement shall be governed exclusively by the Engagement Agreement, which shall take precedence over any general descriptions found on the Website.

Quincy Suites reserves the right to modify, suspend, or discontinue any aspect of the Website or any service offering at any time without prior notice. We further reserve the right to decline to provide services to any person or entity for any reason not prohibited by applicable law. Nothing on the Website shall be construed as creating a professional relationship or engagement in the absence of a fully executed Engagement Agreement.

Users understand and agree that the nature of computer systems design involves technical assessments, recommendations, and architectural decisions that carry inherent risks. Quincy Suites exercises professional judgment and applies industry best practices but does not guarantee specific outcomes related to system performance, reliability, or security beyond what is expressly stated in an applicable Engagement Agreement.

By using our Website or engaging our Services, you agree to comply with the following obligations and acknowledge that failure to do so may result in termination of access or suspension of services.

Accurate Information: You agree to provide accurate, current, and complete information when submitting inquiries through our contact form, communicating with our team, or entering into an Engagement Agreement. You are responsible for maintaining the accuracy of any information you provide and for promptly updating it if circumstances change.

Lawful Purpose: You agree to use our Website and Services only for lawful purposes and in compliance with all applicable federal, state, local, and international laws and regulations. You shall not use our Website or Services in any manner that could damage, disable, overburden, or impair our systems or interfere with any other use.

Cooperation and Access: Clients engaging our Services agree to provide reasonable cooperation, timely access to relevant systems and personnel, and accurate technical information necessary for Quincy Suites to perform the agreed-upon work. Delays caused by a failure to provide such cooperation may impact project timelines and are not the responsibility of Quincy Suites.

Confidentiality of Credentials: If you are issued login credentials to access any client portal, secure document exchange, or project management platform operated by or on behalf of Quincy Suites, you are responsible for maintaining the confidentiality of those credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your credentials.

Representation of Authority: If you are using our Website or engaging our Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service and to any Engagement Agreement you enter into on its behalf.

Your use of the Quincy Suites Website and Services is subject to the following acceptable use standards. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy.

Prohibited Activities: You agree not to engage in any of the following activities while using our Website or Services:

• Attempting to gain unauthorized access to any portion of the Website, our servers, systems, or networks, or the systems and networks of our clients or partners through hacking, password mining, or any other means.
• Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission.
• Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful to the Website or to any systems accessed in connection with our Services.
• Interfering with or disrupting the integrity, performance, or security of the Website or the Services, or attempting to probe, scan, or test the vulnerability of our systems.
• Using the Website to transmit spam, chain letters, unsolicited commercial communications, or to harvest or collect email addresses or other contact information of other users.
• Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, defamatory, obscene, infringing, or otherwise objectionable.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Using the Website or Services in any manner that violates applicable export control laws or economic sanctions regulations.

Monitoring and Enforcement: Quincy Suites reserves the right, but does not assume the obligation, to monitor use of the Website and Services for compliance with these Terms. We may take any action we deem necessary or appropriate, including removing content, suspending access, terminating accounts, and cooperating with law enforcement authorities in prosecuting users who violate these Terms.

All intellectual property rights in and to the Quincy Suites Website, including but not limited to the website design, layout, text, graphics, logos, icons, images, audio and video content, software code, and the selection and arrangement thereof, are owned by or licensed to Quincy Avenue Apartments GHW, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Website Content: You may access and view the Content on the Website for your personal, non-commercial use. Except as expressly authorized in writing by Quincy Suites, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content from our Website for any commercial purpose. No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by Quincy Suites.

Service Deliverables: Upon full payment for services rendered, Quincy Suites grants to the Client a perpetual, non-exclusive, non-transferable license to use the deliverables produced in the course of the engagement for the internal business purposes of the Client. This license does not grant the Client the right to resell, sublicense, or otherwise commercialize the deliverables as standalone products or to distribute them to third parties outside the scope reasonably contemplated by the Engagement Agreement.

Trademarks: The name Quincy Suites, the QS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Quincy Avenue Apartments GHW, LLC or its affiliates. You must not use such marks without the prior written permission of Quincy Suites. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Feedback: Any feedback, comments, or suggestions you provide to Quincy Suites regarding the Website or Services are entirely voluntary, and we will be free to use such feedback as we see fit without any obligation to you, including incorporating it into improvements to our Website, Services, or future product offerings.

Access to and browsing of the Quincy Suites Website is provided free of charge. Fees apply only when you engage our professional Services through a formal Engagement Agreement. The following provisions govern payment terms for professional engagements.

Fee Structure: The fees for Services shall be as set forth in the applicable Engagement Agreement. Fees may be structured as fixed-price, time and materials, retainer-based, milestone-based, or a combination thereof. All fees are denominated in United States Dollars unless otherwise specified in the Engagement Agreement. Quincy Suites reserves the right to modify its standard rate structure upon notice; however, rates for an existing Engagement Agreement shall remain fixed for the duration of that agreement unless modified by mutual written consent.

Invoicing and Payment Terms: Invoices shall be issued according to the schedule specified in the Engagement Agreement. Unless otherwise stated in the Engagement Agreement, payment is due within thirty calendar days from the invoice date. Overdue payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. The Client shall be responsible for all costs of collection, including reasonable legal fees and court costs, incurred by Quincy Suites in collecting overdue amounts.

Taxes: All fees stated in an Engagement Agreement are exclusive of applicable taxes, duties, levies, and assessments, including sales, use, value-added, and withholding taxes. The Client is responsible for paying all such taxes imposed on the Services provided, except for taxes based on the net income of Quincy Suites.

Expenses: The Client shall reimburse Quincy Suites for all reasonable out-of-pocket expenses incurred in connection with the performance of the Services, including travel, lodging, and software licensing costs, provided that such expenses have been approved in advance by the Client in accordance with the procedures set forth in the Engagement Agreement.

Quincy Suites recognizes that in the course of providing Services, we may receive or have access to confidential and proprietary information belonging to our Clients. We are committed to maintaining the confidentiality of such information in accordance with the provisions set forth below and any additional confidentiality terms specified in an applicable Engagement Agreement.

Definition of Confidential Information: Confidential Information includes all non-public information disclosed by the Client to Quincy Suites, whether in written, oral, electronic, or other form, 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, trade secrets, business plans, customer data, financial information, source code, system architecture details, security configurations, network diagrams, and internal process documentation.

Obligations of Confidentiality: Quincy Suites agrees to hold all Confidential Information in strict confidence, not to disclose it to any third party without the prior written consent of the Client, and to use it solely for the purpose of performing the Services. We shall employ at least the same degree of care to protect Confidential Information as we employ to protect our own information of a similar nature, but in no event less than a reasonable standard of care.

Exclusions: The obligations of confidentiality shall not apply to information that: (a) is or becomes publicly available through no breach of these Terms or the Engagement Agreement; (b) was already in the lawful possession of Quincy Suites without an obligation of confidentiality at the time of disclosure; (c) is independently developed by Quincy Suites without use of or reference to the Confidential Information; or (d) is required to be disclosed by law, regulation, or valid court order, provided that Quincy Suites gives the Client prompt notice of such requirement and reasonably cooperates with the efforts of the Client to obtain a protective order.

Return or Destruction: Upon termination of the Engagement Agreement or upon the written request of the Client, Quincy Suites shall promptly return or securely destroy all Confidential Information in its possession, except that we may retain one archival copy for legal and compliance purposes subject to the continuing obligations of confidentiality.

To the fullest extent permitted by applicable law, the following limitations of liability shall apply to your use of the Quincy Suites Website and the provision of our Services.

Website Use: The Website is provided on an as-is and as-available basis. Quincy Suites makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the Website, or the accuracy, completeness, or reliability of any Content. To the fullest extent permitted by law, Quincy Suites disclaims all liability for any loss, injury, claim, liability, or damage of any kind resulting in any way from your use of the Website.

Services Liability Cap: For Clients who have entered into a formal Engagement Agreement, the total aggregate liability of Quincy Suites for any and all claims arising out of or related to the Services, whether in contract, tort, negligence, strict liability, or otherwise, shall not exceed the total fees actually paid by the Client to Quincy Suites under the applicable Engagement Agreement during the twelve-month period immediately preceding the event giving rise to the claim.

Exclusion of Consequential Damages: In no event shall Quincy Suites be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, loss of revenue, loss of data, business interruption, or damage to reputation, regardless of the theory of liability, even if Quincy Suites has been advised of the possibility of such damages.

Force Majeure: Quincy Suites shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, or third-party service provider outages.

Acknowledgement: The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Quincy Suites and you. The Website and Services would not be provided without such limitations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Quincy Suites, Quincy Avenue Apartments GHW, LLC, and each of our respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable legal fees and court costs, arising out of or relating to:

• Your violation of these Terms of Service, including any breach of your representations, warranties, or obligations set forth herein.
• Your use of the Website or Services, including any use of Content, materials, or features other than as expressly authorized in these Terms.
• Your violation of any applicable law, rule, or regulation, including but not limited to data protection, privacy, export control, or intellectual property laws.
• Any claim that information, materials, or data you provided to Quincy Suites in connection with a Client engagement infringes, misappropriates, or violates the intellectual property or privacy rights of a third party.
• Any negligent, reckless, or intentionally wrongful act or omission by you or anyone acting on your behalf in connection with the Website or Services.

Quincy Suites reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not settle any indemnified claim without the prior written consent of Quincy Suites, which consent shall not be unreasonably withheld.

Term for Website Users: These Terms of Service shall remain in full force and effect while you access or use the Website. Quincy Suites may terminate your right to access and use the Website at any time, for any reason or no reason, with or without notice, without liability to you.

Term for Client Engagements: The term of any professional engagement shall be as set forth in the applicable Engagement Agreement. Either party may terminate the Engagement Agreement in accordance with the termination provisions specified therein. In the absence of specific termination provisions, either party may terminate upon thirty calendar days of prior written notice to the other party.

Effect of Termination: Upon termination of your right to use the Website, you shall cease all use of the Website. Upon termination of a Client Engagement, Quincy Suites shall cease performance of the Services, the Client shall pay all outstanding fees and expenses incurred through the effective date of termination, and the provisions of these Terms that by their nature should survive termination shall continue in full force and effect.

Survival: The following provisions shall survive any termination or expiration of these Terms of Service: Intellectual Property Rights, Confidentiality, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature are intended to survive termination.

Website Disclaimer: The Quincy Suites Website is provided on an AS IS and AS AVAILABLE basis without any warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Quincy Suites expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing, course of performance, or usage of trade.

Without limiting the foregoing, Quincy Suites makes no warranty that: (a) the Website will meet your requirements or expectations; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website will be accurate, complete, or reliable; or (d) any errors or defects in the Website or Content will be corrected.

Services Warranty: For Clients under an Engagement Agreement, Quincy Suites warrants that the Services shall be performed in a professional and workmanlike manner consistent with generally accepted industry standards. This warranty is valid for a period of thirty days from the completion of the applicable deliverable. The exclusive remedy for any breach of this warranty shall be, at the option of Quincy Suites, re-performance of the non-conforming Services or a refund of the fees paid for the non-conforming portion of the Services.

Technical Advice: Any technical information, recommendations, or advice provided by Quincy Suites, whether through the Website or in the course of a Client engagement, is provided for informational purposes only. Implementation of any such recommendations is at the risk and discretion of the Client, who is responsible for testing and validating the suitability of any technical design or configuration in their specific environment before deployment to production.

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, whether contractual or non-contractual, 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.

Exclusive Jurisdiction: Subject to the Dispute Resolution provisions set forth in Section 14 below, any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Services provided by Quincy Suites shall be instituted exclusively in the federal courts of the United States located in Utah County, Utah, or the state courts of the State of Utah located in Utah County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver of Class Actions: To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate as a plaintiff or class member in any purported class action or representative proceeding.

Informal Resolution: Quincy Suites values its relationships with Users and Clients and is committed to resolving disputes in an efficient and amicable manner. Before initiating any formal legal proceeding, you agree to first contact Quincy Suites directly at service@quincysuites.mom and attempt to resolve the dispute informally through good faith negotiations for a period of at least sixty days. The informal negotiation period shall commence on the date that Quincy Suites receives your written notice of the dispute.

Mediation: If the dispute is not resolved through informal negotiations within the sixty-day period, either party may request that the dispute be submitted to mediation. The mediation shall be conducted in Utah County, Utah, by a mediator jointly selected by the parties or, if the parties cannot agree on a mediator within fifteen days, by a mediator appointed by a court of competent jurisdiction. Each party shall bear its own costs of mediation, and the fees of the mediator shall be shared equally.

Arbitration Option: For disputes involving amounts in controversy of less than seventy-five thousand United States dollars, excluding legal fees and interest, either party may elect to resolve the dispute through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in Utah County, Utah, before a single arbitrator. The arbitration shall be conducted in English, and the arbitrator shall issue a reasoned written decision. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Exceptions: Notwithstanding the foregoing, Quincy Suites may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent imminent harm, without first engaging in the informal resolution or mediation processes described above.

Quincy Suites reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, may provide additional notice through the Website or via email to Clients with whom we have an active engagement relationship.

Your Responsibility to Review: It is your responsibility to review these Terms of Service periodically for changes. The most current version of the Terms will always be available at https://www.quincysuites.mom/terms-of-service. By continuing to access or use our Website or Services after any revisions become effective, you agree to be bound by the revised Terms.

Material Changes: If a revision materially alters your rights or obligations under these Terms, we will make reasonable efforts to notify you at least thirty days before the changes take effect. If you do not agree with the revised Terms, you must discontinue use of the Website and Services before the changes become effective. Changes that are required by law or relate to new features or services may become effective immediately.

Waiver and Severability: No waiver by Quincy Suites of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Quincy Suites 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 other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

If you have questions, concerns, or comments regarding these Terms of Service, or if you need to provide formal notice as required under any provision of these Terms, please contact Quincy Suites using the information below.

All formal notices required or permitted under these Terms shall be in writing and shall be delivered by email with read receipt confirmation, or by certified or registered mail with return receipt requested, to the addresses set forth above. Notices sent by email shall be deemed delivered on the date the email is sent, provided that no bounce-back or delivery failure notification is received. Notices sent by mail shall be deemed delivered five business days after the date of mailing.

For general inquiries that do not constitute formal legal notice, you may also reach us through the contact form on our website at https://www.quincysuites.mom. We strive to respond to all inquiries within one business day.