Terms of Service

By accessing the Site or using the Services in any manner — including by browsing pages, filling out the contact form, sending electronic communications to any email address associated with our domain, engaging in telephone correspondence with our representatives, or entering into a service agreement with YHWH Construction LLC — you agree that you have read, understood, and accept these Terms of Service in their entirety. If you do not agree with any provision contained herein, you are strictly prohibited from accessing the Site or using the Services and must immediately cease all such activities. Your continued use of the Site following any modification to these Terms shall constitute your acceptance of the modified Terms.

These Terms of Service incorporate by reference our Privacy Policy, available at https://www.yhwhconstruct.hair/privacy.html, which describes our practices regarding the collection, use, storage, and disclosure of personal information. Together, these documents form the complete agreement between you and YHWH Construction LLC. In the event of any inconsistency between these Terms of Service and the Privacy Policy, the provisions of the Privacy Policy shall govern with respect to data handling matters, and these Terms of Service shall govern with respect to all other subject matter.

By using the Site or Services, you consent to receive electronic communications from YHWH Construction LLC, including but not limited to emails, notifications posted on the Site, and messages delivered through digital platforms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for maintaining accurate and current contact information so that we may communicate with you effectively regarding your account, our Services, and these Terms.

Company or YHWH Construction

YHWH Construction LLC, a Utah limited liability company with its principal place of business at 892 N Buffalo Dr, Saratoga Springs, UT 84045-5173, United States, operating under NAICS code 541512 — Computer Systems Design and Related Services.

Developer or YHWH Construct

The technical development division responsible for designing, deploying, securing, and maintaining the Site and its associated digital infrastructure, operating under the name YHWH Construct as referenced throughout these Terms and on the Site.

Site

The website located at https://www.yhwhconstruct.hair, including all subdomains, subpages, content, graphics, design elements, code, databases, and any other materials made available through the domain and its associated infrastructure.

Services

All computer integrated systems design services, consulting engagements, technical assessments, software deliverables, architecture documents, support services, and any other professional offerings provided by YHWH Construction LLC, whether described on the Site or agreed upon in a separate written agreement.

User or You

Any individual or entity that accesses the Site, submits information through the Site, communicates with YHWH Construction LLC, or otherwise engages with the Site or Services in any capacity.

Content

All text, images, graphics, audio, video, code, data, documentation, and other materials displayed on, transmitted through, or made available by the Site, including but not limited to page copy, blog posts, case studies, technical documentation, and downloadable resources.

User Content

Any information, data, text, messages, files, or other materials that a User submits, posts, uploads, transmits, or otherwise provides to YHWH Construction LLC through the Site — including but not limited to contact form submissions, email messages, telephone communications, and uploaded documents.

References to including, include, or for example shall be deemed to be followed by the phrase without limitation. References to any statute, regulation, or legal provision shall include any amendment, modification, re-enactment, or successor provision thereto. The phrase business day means any day other than a Saturday, Sunday, or federal holiday recognized in the United States. All monetary amounts referenced in these Terms are denominated in United States Dollars (USD) unless expressly stated otherwise.

You represent and warrant that you are at least eighteen (18) years of age — or the age of majority in your jurisdiction of residence, whichever is greater — and that you possess the full legal capacity and authority to enter into a binding agreement. If you are accessing the Site or Services on behalf of a corporation, limited liability company, partnership, association, government body, or other organization, you represent and warrant that you have the authority to bind such entity to these Terms and agree to be personally liable in the event such authority is found to be lacking. Individuals under the age of eighteen are not permitted to use the Site or Services under any circumstances.

You represent and warrant that all information you submit to YHWH Construction LLC — whether through our contact form, by email, by telephone, or in any other communication — is true, accurate, current, and complete. You agree to promptly update any information that becomes outdated or inaccurate. You acknowledge that YHWH Construction LLC may rely on the accuracy of the information you provide, and that any false, misleading, or incomplete information may result in the suspension or termination of your access to the Site and Services, without prejudice to any other remedies available to us at law or in equity.

You represent and warrant that your use of the Site and Services will at all times comply with all applicable federal, state, local, and international laws, statutes, ordinances, regulations, and codes of practice. This includes, without limitation, laws governing data protection and privacy, consumer protection, export control, sanctions, intellectual property, and electronic communications. You are solely responsible for understanding and complying with any legal obligations specific to your jurisdiction that may affect your use of the Site and Services.

We provide comprehensive computer systems architecture and design services, encompassing requirements analysis, conceptual design, detailed technical specifications, component selection, interface definitions, data flow modeling, and architectural blueprint documentation. Our design process follows industry-standard methodologies and incorporates considerations of scalability, security, maintainability, and cost-effectiveness at every stage. Deliverables typically include a Systems Architecture Document, Technical Design Specification, and integration roadmap.

Our integration services focus on connecting disparate hardware, software, and network components into cohesive, interoperable systems. We design and implement integration layers that enable seamless communication between subsystems, conduct compatibility assessments, develop custom middleware where necessary, and validate end-to-end system functionality through rigorous testing protocols. We support integration across a wide range of platforms, protocols, and technology stacks.

We offer strategic consulting on information technology infrastructure, including assessment of existing technology stacks, identification of gaps and vulnerabilities, capacity planning, technology selection and procurement guidance, deployment planning, and operational optimization. Our consulting engagements produce actionable roadmaps aligned with your business objectives and budget constraints, with a focus on return on investment and long-term sustainability.

We design, develop, and deploy custom software solutions tailored to the specific requirements of each client engagement. Our development capabilities span embedded systems, desktop applications, web-based platforms, cloud-native services, and mobile applications. We adhere to software engineering best practices including version control, automated testing, continuous integration and deployment, code review, and thorough documentation. All source code, intellectual property rights, and licensing terms applicable to custom software deliverables shall be addressed in the governing service agreement.

In the event that YHWH Construction LLC provides you with a username, password, API key, or any other piece of information as part of our security procedures for accessing restricted areas of the Site or receiving secure deliverables, you must treat such information as confidential and must not disclose it to any third party. You agree to notify us immediately at serve@yhwhconstruct.hair of any unauthorized access to or use of your credentials or any other breach of security of which you become aware. We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with any provision of these Terms.

When engaging our Services, you agree to provide reasonable cooperation and timely access to the information, personnel, systems, and facilities that are necessary for YHWH Construction LLC to perform the agreed-upon services. This includes providing accurate and complete requirements, responding to reasonable inquiries from our team within agreed timeframes, granting necessary system access permissions, and designating a primary point of contact for project communications. Delays caused by your failure to cooperate may result in adjustments to project timelines and may incur additional charges as specified in the applicable service agreement.

You agree not to use any device, software, script, or routine that interferes with the proper working of the Site or Services. You shall not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. You shall not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. You shall not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. Any breach of this provision may constitute a criminal offense under applicable computer fraud and abuse legislation, and we will report any such breach to the relevant law enforcement authorities and cooperate fully with their investigation.

You are prohibited from using the Site or Services for any purpose that is unlawful under applicable federal, state, local, or international law. This includes, without limitation: engaging in fraud, theft, or deceptive practices; transmitting or facilitating the transmission of any material that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, or inflammatory; promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringing upon the intellectual property rights or other proprietary rights of any person or entity; violating the privacy or publicity rights of any person; or encouraging or facilitating any illegal activity.

You are prohibited from: circumventing, disabling, or otherwise interfering with security-related features of the Site; engaging in unauthorized framing of or linking to the Site; using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site; using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express prior written permission; introducing or transmitting malware, ransomware, spyware, adware, or any other malicious code; or probing, scanning, or testing the vulnerability of any system or network associated with the Site without proper authorization.

You are prohibited from: reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site or Services for any commercial purpose without our express written consent; systematically collecting, extracting, or harvesting data or content from the Site to compile a database, directory, or compilation without our permission; using the Site to send unsolicited commercial communications, spam, chain letters, or pyramid schemes; impersonating YHWH Construction LLC, its employees, or any other person or entity; or misrepresenting your affiliation with any person or entity.

The Site and all Content contained therein — including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software code, page layout, design elements, color schemes, typography, user interface components, and the selection and arrangement thereof — are the exclusive property of YHWH Construction LLC or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all Content on the Site is the exclusive property of YHWH Construction LLC. No right, title, or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by YHWH Construction LLC.

The name YHWH Construction, the logo consisting of the stylized cross design, the domain name yhwhconstruct.hair, the developer name YHWH Construct, and all related names, logos, product and service names, designs, and slogans displayed on the Site are trademarks and service marks of YHWH Construction LLC or its affiliates or licensors. You must not use such marks without the prior written permission of YHWH Construction LLC. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners and are used for identification purposes only.

Subject to your compliance with these Terms, YHWH Construction LLC grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site and to view, download, and print portions of the Content solely for your personal, non-commercial informational purposes in connection with evaluating or using our Services. This license does not include any right to: modify, adapt, or create derivative works based on the Site or Content; remove any proprietary notices from Content; use any data mining, robots, or similar data gathering or extraction methods; or use the Site or Content for any purpose competitive with YHWH Construction LLC. Any use of the Site or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The ownership, licensing, and use rights pertaining to intellectual property created or developed in the course of a Services engagement — including but not limited to custom software code, system architectures, technical documentation, design specifications, databases, and related materials — shall be governed by the terms of the specific written agreement entered into between YHWH Construction LLC and the client for that engagement. In the absence of an express written provision addressing intellectual property ownership, YHWH Construction LLC retains all right, title, and interest in and to all intellectual property created in the course of providing Services, and the client receives a non-exclusive, perpetual, irrevocable, royalty-free license to use the deliverables for its internal business purposes. YHWH Construction LLC retains the right to use general knowledge, skills, experience, ideas, concepts, and techniques acquired or used in the course of providing Services in its future work.

By submitting User Content to YHWH Construction LLC through the Site, by email, or by any other means, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content — in whole or in part — solely for the purposes of: responding to your inquiry, providing the requested Services, improving our Site and Services, and as otherwise required to fulfill our contractual and legal obligations. You represent and warrant that you own or control all rights in and to the User Content you submit and that such User Content does not violate the rights of any third party.

You agree not to submit any User Content that: is false, inaccurate, or misleading; infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party; contains any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware; or impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity. YHWH Construction LLC reserves the right, but not the obligation, to review, monitor, and remove any User Content at its sole discretion.

YHWH Construction LLC does not accept or consider unsolicited ideas, proposals, suggestions, or materials — including but not limited to ideas for new products, services, technologies, processes, marketing strategies, or business models — through the Site or via email. Please do not submit any such unsolicited materials. If, despite this request, you submit unsolicited ideas or materials, you agree that: such submission does not create a confidential relationship or any obligation of secrecy between you and YHWH Construction LLC; YHWH Construction LLC is free to use, disclose, reproduce, modify, distribute, and otherwise exploit such materials without any restriction or compensation to you; and you waive any claim against YHWH Construction LLC arising out of or relating to our use of such materials.

YHWH Construction LLC provides Services on a fee basis as agreed upon in writing prior to the commencement of work. Fees may be structured as fixed-price project fees, hourly billing rates, retainer arrangements, milestone-based payments, or any combination thereof. Any estimates, quotes, or proposals provided by YHWH Construction LLC are valid for the period stated therein — or, if no period is stated, for thirty (30) calendar days from the date of issuance — and are subject to change based on revised requirements, changes in project scope, or the discovery of unforeseen technical complexities. We will notify you of any material changes to estimated fees before proceeding with the affected work.

Unless otherwise specified in the governing service agreement, invoices are issued upon the completion of defined milestones or on a monthly billing cycle for ongoing engagements. Payment is due within thirty (30) calendar days from the date of the invoice. All payments shall be made in United States Dollars (USD) by wire transfer, ACH payment, company check, or other method agreed upon in writing. Late payments may be subject to a finance charge of one and one-half percent (1.5%) per month — or the maximum rate permitted by applicable law, whichever is lower — on the outstanding balance, together with all costs of collection, including reasonable attorneys' fees. YHWH Construction LLC reserves the right to suspend or terminate Services in the event of non-payment.

All fees stated in proposals, invoices, or agreements are exclusive of any applicable taxes, levies, duties, or similar governmental assessments — including but not limited to sales tax, use tax, value-added tax (VAT), goods and services tax (GST), and withholding tax. You are responsible for paying all such taxes associated with your purchase of Services, except for taxes based on YHWH Construction LLC's net income. If YHWH Construction LLC is required by law to collect and remit any taxes on your behalf, such taxes will be added to your invoice and shall be payable by you in accordance with the payment terms set forth above.

For purposes of these Terms, Confidential Information means all non-public, proprietary information disclosed by one party — the Disclosing Party — to the other party — the Receiving Party — whether orally, visually, in writing, or in electronic form, that is designated as confidential or that reasonably should be understood, given the nature of the information and the circumstances of disclosure, to be confidential. Confidential Information includes, without limitation: trade secrets, know-how, inventions, techniques, processes, algorithms, software source code and object code, architectural designs, business plans and strategies, financial information, customer and supplier lists, pricing data, employee information, and information received from third parties that the Disclosing Party is obligated to treat as confidential.

The Receiving Party agrees: to hold the Disclosing Party's Confidential Information in strict confidence and to take all reasonable precautions to protect such information — using a degree of care no less than that which it uses to protect its own information of a similar nature; not to disclose such Confidential Information to any third party without the prior written consent of the Disclosing Party, except to its employees, contractors, and agents who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those set forth herein; not to use such Confidential Information for any purpose other than as necessary to perform its obligations or exercise its rights under these Terms and any governing service agreement; and to promptly notify the Disclosing Party in writing upon becoming aware of any unauthorized access, use, or disclosure of Confidential Information.

The obligations set forth in this Clause shall not apply to any information that: is or becomes publicly available through no fault of the Receiving Party; was rightfully in the Receiving Party's possession without any obligation of confidentiality prior to receipt from the Disclosing Party; is rightfully obtained by the Receiving Party from a third party without restriction on disclosure; is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information, as evidenced by written records; or is required to be disclosed by law, regulation, court order, or governmental authority, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement — to the extent legally permitted — and cooperates with the Disclosing Party in seeking a protective order or other appropriate remedy.

YHWH Construction LLC has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, data collection practices, or security measures of any third-party websites, applications, or services that may be linked to or accessible from the Site. You acknowledge and agree that YHWH Construction LLC shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any such third-party content, goods, or services available on or through any such third-party websites or resources. We strongly encourage you to review the terms of service and privacy policies of any third-party website or service that you visit.

Your interactions with organizations, websites, applications, and individuals found on or through the Site — including the payment for and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings — are solely between you and such third party. You agree that YHWH Construction LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If you decide to access any of the third-party websites or services linked to or referenced on the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

THE SITE, ALL CONTENT THEREON, AND ALL SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YHWH CONSTRUCTION LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT; WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND ANY WARRANTIES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YHWH Construction LLC makes no representations, warranties, or guarantees regarding the outcomes, results, or benefits that you may achieve through the use of our Site or Services. Any statements, testimonials, case studies, or examples provided on the Site are for informational purposes only and do not constitute a guarantee, warranty, or prediction of the results you may experience. The success of any systems design or integration project depends on numerous factors beyond our control, including but not limited to the quality and completeness of requirements provided by you, the compatibility of existing systems, the cooperation of your personnel, and evolving technical conditions within your operating environment.

While YHWH Construction LLC endeavors to ensure that the Content on the Site is accurate, complete, and current, we make no warranties or representations that such Content is error-free, complete, or up-to-date. The Content is provided for general informational purposes only and should not be relied upon as the sole basis for making business, legal, technical, or any other decisions. We reserve the right to modify, update, or remove Content at any time without notice. You acknowledge that any reliance upon the Content shall be at your sole risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YHWH CONSTRUCTION LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND — INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST DATA, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR COMPUTER FAILURE OR MALFUNCTION — ARISING OUT OF OR IN CONNECTION WITH: YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES; YOUR RELIANCE ON ANY CONTENT OBTAINED FROM THE SITE; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED — WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY DUTY, OR ANY OTHER THEORY — AND EVEN IF YHWH CONSTRUCTION LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF YHWH CONSTRUCTION LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY DUTY, OR OTHERWISE — SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO YHWH CONSTRUCTION LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). IF YOU HAVE NOT PAID ANY FEES TO YHWH CONSTRUCTION LLC, THE MONETARY CAP SHALL BE ONE HUNDRED UNITED STATES DOLLARS (USD $100.00). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This limitation period applies regardless of any statute or law to the contrary and shall extend to the maximum extent allowed by applicable law.

YHWH Construction LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this Clause, and you agree to cooperate, at your expense, with our defense of such claims. You shall not settle any claim that affects YHWH Construction LLC or any of the Indemnified Parties without our prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. YHWH Construction LLC will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification obligation upon becoming aware of it.

You may terminate these Terms at any time by ceasing all use of the Site and Services and providing written notice of termination to YHWH Construction LLC at serve@yhwhconstruct.hair. Termination of these Terms does not automatically terminate any separate written service agreement between you and YHWH Construction LLC; the terms of such agreement shall govern the termination of the Services engagement. You acknowledge that termination of these Terms does not entitle you to any refund of fees paid, unless otherwise specified in the applicable service agreement.

We reserve the right, in our sole discretion and without prior notice or liability, to suspend, restrict, or terminate your access to all or any part of the Site or Services at any time, for any reason or for no reason, including but not limited to: any breach of these Terms; conduct that we believe violates applicable law or is harmful to other Users, third parties, or our business interests; your request or instruction to terminate; extended periods of inactivity; unexpected technical or security issues; or discontinuance or material modification of the Site or Services. In the event of termination by us, we will make reasonable efforts to provide you with notice via the contact information you have provided.

Upon termination of these Terms for any reason, all rights and obligations of the parties shall cease immediately, except that: any provisions that by their nature should survive termination shall survive — including but not limited to the provisions concerning intellectual property rights (Clause 7), confidentiality (Clause 10), disclaimer of warranties (Clause 12), limitation of liability (Clause 13), indemnification (Clause 14), dispute resolution (Clause 16), and general provisions (Clause 18); any outstanding payment obligations shall survive and remain due and payable; and all disclaimers, limitations of liability, and indemnities shall survive and remain fully enforceable. Termination shall not affect any rights or obligations that have accrued prior to the effective date of termination.

These Terms of Service and any dispute, claim, or controversy arising out of or relating to them — including non-contractual disputes or claims — shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without giving effect to any choice-of-law or conflict-of-law principles that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

Before initiating any formal legal action — including arbitration or court proceedings — you agree to first attempt to resolve any dispute informally. To initiate this process, you must send a written notice — the Notice of Dispute — to YHWH Construction LLC at our mailing address: 892 N Buffalo Dr, Saratoga Springs, UT 84045-5173, United States, with a copy sent via email to serve@yhwhconstruct.hair. The Notice of Dispute must include: your full name, mailing address, telephone number, and email address; a detailed description of the nature and basis of the dispute, including the specific facts, dates, and circumstances giving rise to the claim; the specific relief or remedy sought; and a statement that you are initiating informal dispute resolution pursuant to this Clause. Within sixty (60) calendar days of our receipt of a complete Notice of Dispute, both parties agree to engage in good-faith negotiations — including at least one substantive telephone or video conference between representatives with settlement authority — to attempt to resolve the dispute amicably. No formal legal action may be commenced until this sixty-day negotiation period has expired without resolution.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services that is not resolved through informal negotiation as set forth above shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and, where applicable, the AAA's Supplementary Procedures for Consumer-Related Disputes, as modified by these Terms. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, if the parties cannot agree, appointed by the AAA in accordance with its rules. The arbitration shall be held in Utah County, Utah, unless the parties mutually agree to a different location or the arbitrator determines that a remote video-conference hearing is appropriate. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of law, but shall not have the authority to award punitive, exemplary, or consequential damages except to the extent such damages are expressly permitted by these Terms. The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

YOU AND YHWH CONSTRUCTION LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and YHWH Construction LLC agree otherwise in writing, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a representative or class proceeding. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES.

Notwithstanding the foregoing, the parties retain the right to seek the following remedies in a court of competent jurisdiction without first engaging in the informal dispute resolution and arbitration procedures set forth above: claims seeking injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights — including copyrights, trademarks, trade secrets, or patents — or to prevent a breach of confidentiality obligations; claims to enforce or challenge the validity of an arbitration award; and claims that are within the jurisdiction of a small claims court, provided that such claims remain in that court and proceed only on an individual basis. The parties agree that the federal and state courts located in Utah County, Utah shall have exclusive jurisdiction over any such claims that are exempt from or that follow arbitration.

When we make material changes to these Terms, we will provide notice through one or more of the following methods: posting a notice prominently on the Site for a reasonable period prior to the effective date of the changes; sending an email to the address you have provided to us — if any; or requiring you to affirmatively accept the updated Terms before continuing to use the Site or Services. Non-material changes — including typographical corrections, formatting adjustments, and clarifications that do not alter the substantive rights or obligations of the parties — may be made without notice. The date on which these Terms were last updated is displayed at the top of this page. You are responsible for periodically reviewing these Terms to stay informed of any changes.

Your continued use of the Site or Services following the effective date of any changes to these Terms constitutes your acceptance of and agreement to be bound by the modified Terms. If you do not agree to the modified Terms, you must immediately cease all use of the Site and Services and provide written notice of termination to YHWH Construction LLC. The most current version of these Terms — as posted on this page — shall supersede all prior versions. We encourage you to save or print a copy of these Terms for your records. Archival versions of these Terms are available upon written request to serve@yhwhconstruct.hair.

We reserve the right to modify, suspend, or discontinue — temporarily or permanently — the Site, the Services, or any part thereof, with or without notice and without liability to you. This includes the right to: add or remove features, functions, or Content; change the technical specifications or requirements for accessing the Site; restrict access to some or all parts of the Site; modify our service offerings, pricing, or availability; and update, change, or discontinue any aspect of the Site as we deem necessary or desirable. We will, to the extent commercially reasonable, provide advance notice of any material service discontinuation.

These Terms of Service, together with our Privacy Policy and any separate written agreement executed between you and YHWH Construction LLC for Services, constitute the entire agreement between you and YHWH Construction LLC regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties — both written and oral — regarding such subject matter. No course of dealing, course of performance, or usage of trade shall be used to modify, supplement, or explain any term used in these Terms. You acknowledge that in entering into these Terms you have not relied on any statement, representation, assurance, or warranty that is not set out in these Terms.

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be — to the extent required — severed from these Terms without affecting the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The parties shall negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that, to the greatest extent possible, achieves the original intent and economic effect of the severed provision. If the parties are unable to agree upon a replacement provision, the court or arbitrator may modify the provision to the minimum extent necessary to render it valid and enforceable.

No failure or delay by YHWH Construction LLC in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions. Any waiver must be in writing and signed by an authorized representative of YHWH Construction LLC to be effective.

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms — whether by operation of law, merger, acquisition, change of control, or otherwise — without the prior written consent of YHWH Construction LLC, which consent may be granted or withheld in our sole discretion. Any attempted assignment in violation of this provision shall be null and void. YHWH Construction LLC may assign, transfer, or delegate these Terms or any of its rights or obligations hereunder — in whole or in part — without restriction or notice to you. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

YHWH Construction LLC shall not be liable or responsible for any failure or delay in the performance of its obligations under these Terms or any service agreement arising out of or caused by events or circumstances beyond its reasonable control — including but not limited to: acts of God, natural disasters, floods, fires, earthquakes, epidemics, pandemics, or public health emergencies; war, terrorism, civil unrest, riots, or insurrection; governmental actions, orders, laws, regulations, or sanctions; strikes, labor disputes, or other industrial disturbances; internet, telecommunications, or power outages or failures; and denial-of-service attacks, hacking, or other malicious third-party interference with our systems. In the event of a force majeure occurrence, the affected party's obligations shall be suspended for the duration of the event, and the parties shall work together in good faith to reschedule or adjust affected deliverables and timelines.

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and YHWH Construction LLC. Neither party has the authority to bind the other or to incur any obligation on the other's behalf without the other's prior written consent. YHWH Construction LLC is an independent contractor in the performance of all Services, and nothing in these Terms shall be deemed to make YHWH Construction LLC or any of its personnel an employee, agent, or representative of you for any purpose.

All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed duly given: when delivered personally; when sent by confirmed email to serve@yhwhconstruct.hair; three (3) business days after being deposited in the United States mail, certified or registered, return receipt requested, postage prepaid; or one (1) business day after being deposited with a nationally recognized overnight courier service. All notices to YHWH Construction LLC shall be addressed to: YHWH Construction LLC, 892 N Buffalo Dr, Saratoga Springs, UT 84045-5173, United States, with a copy to serve@yhwhconstruct.hair. You consent to receive notices and communications from us electronically to the email address you provide. Any notice given by you under or in connection with these Terms shall be effective only upon our actual receipt.

For any questions, comments, concerns, or inquiries regarding these Terms of Service, the Site, the Services, or your rights and obligations hereunder, you may contact YHWH Construction LLC through any of the following channels:

• Email: serve@yhwhconstruct.hair
• Phone: +1 (971) 522-1338
• Mailing Address: 892 N Buffalo Dr, Saratoga Springs, UT 84045-5173, United States
• Website: https://www.yhwhconstruct.hair

All inquiries will be addressed in the order received, and we strive to respond within two (2) business days. For legal service of process, please use the mailing address listed above and clearly mark the correspondence as Legal Service of Process — Attention: Legal Department. The developer and maintainer of this website application is YHWH Construct, and technical inquiries may be directed to the same contact points listed above.