Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you — whether as an individual visitor, a corporate entity, or any other legal person — and Ergon Rv Services LLC, a company organized under the laws of the United States, with its registered office at 5170 Eclipse Dr, Bozeman, Montana 59715-7705. By accessing or using the website located at ergonrv.lat, by engaging our computer systems design and related services, or by entering into any agreement with us that references these terms, you unconditionally agree to be bound by all provisions set forth herein.

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these terms. In such case, the term you shall refer to both you as an individual and the entity you represent. If you do not have such authority, or if you do not agree with any part of these terms, you must not access the website or use any of our services.

2. Description of Services

Ergon Rv Services LLC provides professional services in the field of computer systems design and related services. Our offerings include but are not limited to: systems architecture consulting and design; cloud infrastructure planning, deployment, and management; data engineering and pipeline development; cybersecurity assessment, architecture, and compliance consulting; DevOps automation and CI/CD pipeline implementation; technology strategy and digital transformation advisory; custom software architecture and technical specification development; and ongoing technical support and systems maintenance.

The specific scope, deliverables, timeline, and fees for any services engagement will be defined in a separate Statement of Work, Service Agreement, or similar written instrument executed by both parties. In the event of any conflict between these Terms of Service and the terms of a qualifying Statement of Work or Service Agreement, the terms of the Statement of Work or Service Agreement shall prevail with respect to the specific services described therein. These general Terms of Service govern your use of our website and establish the baseline legal framework for all client relationships.

3. Website Use & Intellectual Property

All content published on the ergonrv.lat website — including text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — is the exclusive property of Ergon Rv Services LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on this site is the exclusive property of Ergon Rv Services LLC.

3.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the website solely for your personal or internal business purposes — specifically, to learn about our services and to evaluate whether to engage us. This license does not include any right to: reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the website for commercial purposes without our express prior written consent; download or modify any portion of the website except as necessary for normal browser caching; use any data mining, robots, scraping, or similar data gathering or extraction methods; frame or mirror any portion of the website on any other server or wireless or internet-based device; or use any meta tags or hidden text utilizing our name, trademarks, or service marks without our express written consent.

3.2 Trademarks

The name Ergon Rv Services LLC, the ergonrv.lat domain, our logo, and all related names, marks, product and service names, designs, and slogans are trademarks of Ergon Rv Services 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 & Responsibilities

When engaging our services, you agree to fulfill the following obligations which are essential to the successful delivery of any project:

• Accurate Information — Provide complete, accurate, and current information about your technical environment, business requirements, and any constraints that may affect service delivery. Deliberate misrepresentation or omission of material facts may result in project delays, additional costs, or termination of the engagement.
• Timely Cooperation — Designate a primary point of contact with decision-making authority; respond to inquiries and requests for information within mutually agreed timeframes; provide necessary access to systems, environments, and personnel as outlined in the Statement of Work.
• Resource Provision — Make available any in-house resources, credentials, API keys, or access permissions that our team requires to perform the contracted services. You are responsible for the security of any credentials you share and must rotate them upon project completion.
• Compliance with Laws — Ensure that your use of our services and any deliverables complies with all applicable laws, regulations, and industry standards in your jurisdiction — including data protection laws, export controls, and any sector-specific regulations relevant to your industry.
• Backup Responsibility — Unless explicitly stated otherwise in a Statement of Work, you are solely responsible for maintaining adequate backup copies of all data, software, and configurations before we commence work on your systems. We are not liable for data loss resulting from your failure to maintain backups.

5. Fees, Payment & Invoicing

5.1 Fee Structure

Fees for our services are established in the applicable Statement of Work or Service Agreement and may be structured as fixed-price project fees, time-and-materials billing at agreed hourly or daily rates, retainer-based arrangements with a recurring monthly commitment, or milestone-based payments tied to specific deliverables. All fees are quoted and payable in United States Dollars unless otherwise agreed in writing. We reserve the right to adjust our standard rates upon thirty days' written notice; however, any rate change will not apply to engagements already underway under an executed Statement of Work unless mutually agreed.

5.2 Invoicing & Payment Terms

Invoices are issued according to the schedule set forth in the Statement of Work — typically monthly for time-and-materials engagements or upon milestone completion for fixed-price projects. Payment is due within thirty calendar days of the invoice date unless a different payment term is specified in the Statement of Work. Late payments shall accrue interest at the rate of one and one-half percent per month, or the maximum rate permitted by applicable law, whichever is lower.

5.3 Expenses

Reasonable out-of-pocket expenses incurred in connection with the services — such as travel, accommodation, third-party software licenses, cloud infrastructure costs, or specialized hardware required for the project — will be billed to you at cost, provided that such expenses have been pre-approved by you in writing. We will provide receipts or other supporting documentation upon request.

5.4 Taxes

All fees are exclusive of applicable taxes, duties, levies, or similar assessments imposed by any governmental authority. You are responsible for paying all such taxes, excluding taxes based on our net income. If we are required by law to collect any taxes from you, we will add the applicable amount to your invoice.

6. Confidentiality

Both parties acknowledge that during the course of our engagement, each may disclose to the other certain non-public, proprietary, or confidential information — including but not limited to trade secrets, business plans, customer lists, technical specifications, source code, system architectures, security configurations, financial data, and strategic roadmaps. The receiving party agrees: to hold all such confidential information in strict confidence and not disclose it to any third party without the disclosing party's prior written consent; to use confidential information solely for the purpose of performing its obligations or exercising its rights under the applicable Statement of Work; to limit access to confidential information to those employees, contractors, and agents who have a legitimate need to know and who are bound by confidentiality obligations no less restrictive than those in this section; and to employ at least the same degree of care — but not less than a reasonable degree — to protect confidential information as it uses to protect its own information of a similar nature.

Confidentiality obligations do not apply to information that: is or becomes publicly available through no breach of this agreement; was lawfully in the receiving party's possession prior to disclosure; is independently developed by the receiving party without reference to the confidential information; or is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt notice to the disclosing party to allow it to seek a protective order. These confidentiality obligations survive termination or expiration of any agreement between the parties for a period of five years, or indefinitely for trade secrets.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Ergon Rv Services LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or cost of substitute services — arising from or relating to these Terms of Service, your use of our website, or the provision of our services, regardless of the legal theory under which such damages are sought and even if we have been advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these terms or the services — whether in contract, tort, negligence, strict liability, or otherwise — shall not exceed the total fees paid by you to Ergon Rv Services LLC during the twelve-month period immediately preceding the event giving rise to the claim. If no fees have been paid during such period, our aggregate liability shall not exceed one thousand United States dollars. These limitations apply notwithstanding any failure of essential purpose of any limited remedy.

8. Indemnification

You agree to indemnify, defend, and hold harmless Ergon Rv Services LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses — including reasonable attorneys' fees and court costs — arising from or related to: your breach of these Terms of Service or any applicable Statement of Work; your violation of any applicable law, regulation, or third-party right; your use of any deliverables or work product we provide in a manner not contemplated by the Statement of Work; or any claim that materials, data, or instructions you provided to us infringe the intellectual property rights of a third party.

We reserve the right 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 us in asserting any available defenses. You shall not settle any claim that imposes any liability or obligation on us without our prior written consent.

9. Warranty Disclaimer

All services, deliverables, and website content are provided on an as is and as available basis. To the fullest extent permitted by applicable law, Ergon Rv Services LLC expressly disclaims 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, and any warranties arising from course of dealing, course of performance, or usage of trade. We do not warrant that: our services or website will meet your specific requirements; service delivery will be uninterrupted, timely, secure, or error-free; any errors or defects in deliverables will be corrected; or any results obtained through our services will be accurate, reliable, or suitable for your intended use.

Any warranties provided for specific deliverables will be set forth exclusively in the applicable Statement of Work. No advice, representation, or information — whether oral or written — obtained from Ergon Rv Services LLC or through our website shall create any warranty not expressly stated in these terms.

10. Term & Termination

These Terms of Service remain in effect until terminated by either party. For website access, termination occurs when you cease using the site — no notification is required. For service engagements, the term and termination provisions are established in the applicable Statement of Work or Service Agreement. In the absence of specific termination provisions, either party may terminate a service engagement upon thirty days' written notice to the other party, provided that: you shall pay for all services rendered and expenses incurred through the effective date of termination; each party shall return or destroy — at the disclosing party's election — all confidential information of the other party; and provisions of these terms that by their nature should survive termination — including Sections 6 through 9 and 11 through 15 — shall continue in full force and effect.

We reserve the right to suspend or terminate your access to our website or services immediately — without prior notice — if we reasonably believe that you have violated these Terms of Service in a material manner, your conduct poses a security risk to our systems or other clients, or we are required to do so by law.

11. Third-Party Services & Links

Our website and services may integrate with, reference, or link to third-party products, services, websites, or APIs that are not owned or controlled by Ergon Rv Services LLC — including cloud platforms, monitoring tools, version control systems, payment gateways, and communication services. We have no control over and assume no responsibility for the content, privacy policies, terms, or practices of any third-party websites or services. You acknowledge and agree that Ergon Rv Services LLC shall not be responsible or liable — directly or indirectly — for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use in connection with our services. Your interactions with third parties — including payment and delivery of goods or services — are solely between you and the third party.

12. Dispute Resolution

12.1 Governing Law

These Terms of Service and any dispute arising out of or relating to them — including non-contractual disputes — shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

12.2 Informal Resolution

We believe that most disputes can be resolved through direct, good-faith communication. Before initiating any formal legal proceeding, you agree to first contact us at info@ergonrv.lat with a detailed description of the dispute and to engage in good-faith negotiations for a period of at least sixty days. If the dispute cannot be resolved informally within that period, either party may proceed with formal dispute resolution as set forth below.

12.3 Arbitration

Any controversy, claim, or dispute arising out of or relating to these Terms of Service or the breach thereof — including the determination of the scope or applicability of this agreement to arbitrate — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified by this section. The arbitration shall be conducted in Bozeman, Montana or — by mutual agreement — via videoconference. The arbitrator shall have the authority to award the same damages and relief that a court could award, including injunctive relief. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.4 Class Action Waiver

To the fullest extent permitted by law, you and Ergon Rv Services LLC agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, the entirety of the agreement to arbitrate shall be null and void.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms of Service — excluding payment obligations — if such delay or failure results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, earthquakes, floods, fires, epidemics, pandemics, and public health emergencies; war, terrorism, riots, civil unrest, and acts of government or military authority; labor disputes, strikes, and lockouts not involving the affected party's own workforce; failure or unavailability of internet infrastructure, power grids, telecommunications networks, or third-party hosting services not controlled by the affected party; and embargoes, trade restrictions, and changes in law that make performance illegal or commercially impracticable.

The party affected by a force majeure event shall notify the other party promptly, make reasonable efforts to mitigate the impact, and resume performance as soon as reasonably practicable. If the force majeure event continues for more than sixty days, either party may terminate the affected service engagement without liability upon written notice.

14. General Provisions

• Entire Agreement — These Terms of Service, together with any applicable Statement of Work, Service Agreement, and our Privacy Policy, constitute the entire agreement between you and Ergon Rv Services LLC regarding the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties — both written and oral.
• Severability — If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
• Waiver — The failure of either party to enforce any right or provision in these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the party granting it.
• Assignment — You may not assign or transfer any of your rights or obligations under these terms without our prior written consent. We may assign or transfer our rights and obligations — in whole or in part — without your consent in connection with a merger, acquisition, reorganization, or sale of assets, provided that the assignee agrees to be bound by these terms.
• Relationship of the Parties — Nothing in these terms shall be construed to create a partnership, joint venture, franchise, employment, or agency relationship between you and Ergon Rv Services LLC. Each party is an independent contractor.
• Notices — All notices to Ergon Rv Services LLC shall be sent via email to info@ergonrv.lat or by certified mail to 5170 Eclipse Dr, Bozeman, MT 59715-7705, United States. Notices to you may be sent to the email address you provided to us or posted on our website. Notice shall be effective upon receipt for email and three business days after mailing for postal notices.
• Export Compliance — You agree to comply with all applicable export and re-export control laws and regulations of the United States and any other relevant jurisdiction, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control.

15. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service, please reach out to us using the contact details above. We welcome the opportunity to address any issues directly and value the trust you place in us when engaging our services.