Terms + Conditions

 

Effective Date: January 1, 2025

Last Updated: 5/18/2025

Welcome to www.ekmadvantage.com (the “Site”), owned and operated by EKM IT Solutions LLC (“EKM,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and EKM governing your access to and use of the Site.

By using or accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree, you must immediately discontinue use of the Site.

1. Use of the Site

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with these Terms. You agree not to:

  • Use the Site for any unlawful, fraudulent, or malicious purpose;

  • Attempt to gain unauthorized access to any portion of the Site, systems, or networks;

  • Interfere with the operation or security of the Site or any user’s enjoyment of it;

  • Deploy malware, exploits, bots, or automated systems against the Site;

  • Access the Site in a manner that imposes an unreasonable or disproportionately large load on our infrastructure.

EKM reserves the right to monitor use of the Site for compliance purposes and may restrict, suspend, or terminate your access at any time without notice.

2. Intellectual Property

All content, materials, and functionality on the Site (including text, graphics, logos, software, and design elements) are the intellectual property of EKM or its licensors and are protected by applicable U.S. and international intellectual property laws.

You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any Site content without EKM’s prior written consent.

3. Security and User Responsibilities

You agree to use reasonable care in accessing and interacting with the Site and acknowledge that EKM cannot guarantee the Site will be free from viruses, exploits, or unauthorized access attempts.

You are responsible for:

  • Implementing appropriate cybersecurity hygiene (e.g., firewall, anti-virus, secure passwords);

  • Immediately notifying us if you suspect any unauthorized use of or access to your data or systems resulting from use of the Site;

  • Refraining from activities that could compromise the integrity or confidentiality of our systems or those of our clients.

EKM uses commercially reasonable technical and organizational measures to secure its systems. However, by using this Site, you understand and accept that no online service is 100% secure.

4. Third-Party Websites and Content

The Site may contain links to third-party websites for convenience or reference. EKM is not responsible for the availability, security, accuracy, or content of such sites. Your interaction with any third-party site is governed solely by that site’s terms and policies.

5. User Submissions and Feedback

You may have opportunities to submit comments, feedback, or content. By submitting any material, you:

  • Represent and warrant that you have the right to do so and that it does not infringe on any third-party rights;

  • Grant EKM a perpetual, worldwide, royalty-free, irrevocable license to use, reproduce, display, and publish your submission in any medium;

  • Acknowledge that EKM is under no obligation to use or maintain any submission.

We reserve the right to monitor, edit, or remove submissions at our sole discretion.

6. Cookies and Tracking

We use cookies and other tracking technologies as described in our Privacy Policy. By using the Site, you consent to this use.

You may control cookies through your browser settings. Some features of the Site may not function properly without cookies.

7. Limitation of Liability

To the fullest extent permitted by law, EKM IT Solutions LLC and its officers, employees, contractors, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to:

  • Your access to or use of (or inability to access or use) the Site;

  • Errors or omissions in the content or services;

  • Any unauthorized access to or use of our servers or personal data;

  • Malware, hacking, or other attacks transmitted via the Site by third parties.

This limitation applies whether based on warranty, contract, tort, or any other legal theory, even if EKM has been advised of the possibility of such damages.

8. Indemnification

You agree to defend, indemnify, and hold harmless EKM and its officers, directors, employees, and agents from and against all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising from or related to:

  • Your use of or access to the Site;

  • Your violation of these Terms;

  • Your violation of any third-party rights, including intellectual property or privacy rights.

9. Compliance with Laws

You agree to comply with all applicable local, state, federal, and international laws and regulations related to your use of the Site, including data privacy, export control, and cybersecurity regulations.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed under the laws of the State of [Insert State], without regard to conflict of law principles.

You consent to the exclusive jurisdiction and venue of the courts located in [Insert County, State] for any dispute arising out of or relating to these Terms or your use of the Site.

11. Modifications to Terms

We reserve the right to modify or replace these Terms at any time. Changes will be posted on this page with an updated “Effective Date.” Your continued use of the Site after any such change constitutes your acceptance of the revised Terms.

12. Termination

We may terminate or suspend your access to the Site without notice or liability if we believe you have violated these Terms or applicable law. Provisions relating to intellectual property, limitation of liability, indemnification, and governing law shall survive termination.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us:

EKM IT Solutions LLC

Email: info@ekmadvantage.com

Website: www.ekmadvantage.com