Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and KMP ELITE SOLUTIONS LLC ("Company", "we", "us", or "our"), a limited liability company organized under the laws of the State of California, with its principal place of business at 726 S Wilton Pl APT 403, Los Angeles, CA 90005-4659.

By accessing or using our website at https://www.kmpelite.lat (the "Website"), engaging our services, or submitting any information through our platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any provision of these Terms, you must immediately discontinue use of our Website and services. Your continued use of the Website following the posting of revised Terms constitutes acceptance of such changes.

2. Eligibility

By using our Website and services, you represent and warrant that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater
• You have the legal capacity and authority to enter into a binding agreement
• If acting on behalf of an organization, you are authorized to bind that organization to these Terms
• Your use of the Website does not violate any applicable law, regulation, or obligation to any third party
• All information you provide is accurate, current, and complete

3. Description of Services

KMP ELITE SOLUTIONS LLC provides technology consulting, software development, business analytics, cybersecurity, cloud solutions, managed services, and related professional services (collectively, "Services"). The specific scope, deliverables, timelines, and fees for any engagement shall be defined in a separate statement of work, service agreement, or contract executed by both parties.

Website visitors may access general information about our Company, submit inquiries through contact forms, request consultations, and review published content. The availability and content of our Website may change without prior notice.

4. User Accounts and Responsibilities

4.1 Account Creation: Certain features or services may require you to create an account. You agree to provide accurate and complete information during registration and to keep your account credentials secure and confidential.

4.2 Account Security: You are solely responsible for all activities that occur under your account. You must notify us immediately at mail@kmpelite.lat of any unauthorized access or security breach.

4.3 Acceptable Use: You agree not to:

• Use the Website or Services for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to our systems, networks, or data
• Interfere with or disrupt the integrity, performance, or availability of the Website
• Transmit any viruses, malware, worms, or other harmful code
• Scrape, harvest, or collect user data without explicit authorization
• Impersonate any person or entity or misrepresent your affiliation
• Use automated tools to access the Website in a manner that exceeds reasonable use
• Reverse engineer, decompile, or disassemble any software provided through our Services

5. Intellectual Property Rights

5.1 Our Intellectual Property: The Website and its entire contents, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design and selection thereof, are owned by KMP ELITE SOLUTIONS LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes. This license does not include the right to modify, distribute, reproduce, or create derivative works based on Website content without our prior written consent.

5.3 Trademarks: "KMP ELITE SOLUTIONS", "KMP ELITE", and all related names, logos, product and service names, designs, and slogans are trademarks of KMP ELITE SOLUTIONS LLC or its affiliates. You must not use such marks without our prior written permission.

5.4 Client Work Product: Unless otherwise specified in a written agreement, all work product, deliverables, code, documentation, and materials created by us in the course of providing Services shall remain our intellectual property until full payment is received, at which point ownership shall transfer as defined in the applicable service agreement.

6. Payment Terms

6.1 Fees: Fees for our Services are as set forth in a separate statement of work, proposal, or service agreement. All fees are quoted in United States Dollars (USD) unless otherwise specified.

6.2 Invoicing and Payment: We shall invoice clients according to the schedule specified in the applicable agreement. Payment is due within the timeframe stated on the invoice (typically net 30 days) unless otherwise agreed in writing. Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lesser.

6.3 Taxes: All fees are exclusive of applicable taxes, levies, and duties. You are responsible for payment of all such taxes associated with your purchases, except for taxes based on our net income.

6.4 Refund Policy: Refund eligibility shall be governed by the terms of the applicable service agreement. Generally, fees for services already rendered are non-refundable. Deposits may be non-refundable once work has commenced.

7. Confidentiality

Each party acknowledges that it may receive confidential information from the other party in connection with these Terms and any service engagement. "Confidential Information" means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction on disclosure.

Each party agrees to protect the other's Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care, and not to disclose such information to any third party without prior written consent.

8. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KMP ELITE SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Website will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Website or Services will be accurate, reliable, or complete
• Any errors or defects in the Website will be corrected
• The Website or the servers that make it available are free of viruses or other harmful components
• Any third-party content linked from our Website is accurate, complete, or current

9. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

These limitations apply regardless of the legal theory upon which the claim is based, including breach of contract, tort (including negligence), strict liability, or any other basis, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless KMP ELITE SOLUTIONS LLC, its officers, directors, members, managers, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of the Website or Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any content or information you submit, post, or transmit through the Website
• Your negligence, willful misconduct, or breach of any representation or warranty
• Any dispute between you and any third party

11. Third-Party Links and Content

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by KMP ELITE SOLUTIONS LLC. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services.

The inclusion of any link does not imply endorsement, affiliation, or recommendation by us. You acknowledge and agree that we 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 third-party content, goods, or services.

12. Termination

12.1 Termination by You: You may discontinue use of the Website at any time. If you have a service agreement in place, termination shall be governed by the terms of that agreement.

12.2 Termination by Us: We reserve the right to terminate or suspend your access to the Website and/or Services, in whole or in part, at our sole discretion, at any time and without prior notice, for any reason, including but not limited to a breach of these Terms.

12.3 Effect of Termination: Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Termination shall not relieve you of any obligation to pay fees incurred prior to termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law: These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

13.2 Jurisdiction: You agree that any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You consent to the personal jurisdiction and venue of such courts.

13.3 Informal Resolution: Before initiating any formal legal proceeding, you agree to first contact us and attempt to resolve the dispute informally for at least thirty (30) days. If the dispute is not resolved within that period, either party may proceed with formal legal action.

13.4 Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Force Majeure

KMP ELITE SOLUTIONS LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, fuel, energy, labor, or materials, failures of telecommunications or information systems, cyberattacks, or governmental actions.

15. General Provisions

15.1 Entire Agreement: These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and KMP ELITE SOLUTIONS LLC regarding the use of the Website and supersede all prior agreements, understandings, and representations.

15.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15.3 Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the waiving party.

15.4 Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

15.5 Notices: All notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by certified or registered mail to the addresses specified herein or as otherwise designated by the parties.

15.6 Headings: Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

15.7 No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

16. Electronic Communications and Consent

By using our Website or contacting us via email, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You agree that your electronic consent constitutes a legally binding signature.

You may opt out of receiving marketing communications at any time by using the unsubscribe link in emails or by contacting us. Opting out of marketing communications does not affect transactional or service-related communications.

17. Accessibility

KMP ELITE SOLUTIONS LLC is committed to making our Website accessible to all users. If you experience any difficulty accessing any part of the Website, please contact us at mail@kmpelite.lat and we will work with you to provide the information or service you seek through an alternative communication method.

18. Changes to These Terms

We reserve the right to modify, amend, or replace these Terms at any time in our sole discretion. When we make material changes, we will update the "Last updated" date at the top of this page and, where practicable, provide notice through the Website or via email.

Your continued use of the Website after the effective date of revised Terms constitutes acceptance of the updated terms. If you do not agree with the revised Terms, you must discontinue use of the Website immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check for changes.

19. Contact Information

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

KMP ELITE SOLUTIONS LLC
726 S Wilton Pl APT 403
Los Angeles, CA 90005-4659
United States

Email: mail@kmpelite.lat
Phone: +1 (361) 865-7690
Website: https://www.kmpelite.lat

For urgent legal matters, please mark your correspondence as "URGENT: Legal" and allow reasonable time for our legal team to review and respond.