These Terms of Service ("Terms") govern your access to and use of the website at volentic.com (the "Site"), operated by Volentic LLC, a Texas limited liability company ("Volentic," "we," "us," or "our"). By accessing the Site, you agree to these Terms. If you do not agree, do not use the Site.
These Terms apply only to use of the Site itself. Any design, development, or other services Volentic performs for a client are governed by a separate written services agreement between Volentic and that client, which controls over these Terms in the event of any conflict.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is greater), to use the Site or contact us through it. By using the Site you represent that you meet this requirement.
2. Use of the Site
You agree not to:
- Use the Site in any way that violates applicable federal, state, or local law, including the laws of the State of Texas.
- Attempt to probe, scan, or test the vulnerability of any system or network without authorization.
- Interfere with the operation of the Site, including by transmitting malware, launching denial-of-service attacks, or attempting to overload our infrastructure.
- Scrape, harvest, or extract data from the Site by automated means except as permitted by our
robots.txt. - Submit false, misleading, or impersonating information through any contact form.
- Use the Site or the contact form to send unsolicited commercial communications in violation of CAN-SPAM or any state anti-spam statute.
3. Quote Requests and Previews
Submitting a quote request, contact form, or other inquiry through the Site does not create a contract between you and Volentic, does not obligate Volentic to provide any services, and does not obligate you to purchase anything. Services are provided only under a separately signed services agreement.
Volentic may prepare a preview, demonstration, or redesign concept of a prospective client's website at no charge. Any such preview is prepared at Volentic's sole discretion, is made available for evaluation purposes only, and remains the exclusive property of Volentic unless and until a services agreement is signed and the applicable fees are paid. Volentic may modify, take offline, or discontinue a preview at any time and for any reason.
4. Intellectual Property
The Site, including its design, copy, source code, and visual identity, is owned by Volentic LLC and protected by U.S. and international copyright, trademark, and other intellectual-property laws. "Volentic" and the Volentic logo are trademarks of Volentic LLC. You may not copy, reproduce, distribute, or create derivative works of the Site or its content except as expressly permitted in writing.
You retain ownership of any content you submit to us through the Site (such as a contact form message). By submitting it, you grant Volentic a non-exclusive, worldwide, royalty-free license to use that content for the purpose of responding to you and providing or improving our services.
5. No Professional Advice
The Site is informational. Nothing on the Site constitutes legal, financial, tax, accounting, or other professional advice. Reading the Site does not create an attorney-client, fiduciary, consultant, or any other professional relationship between you and Volentic.
6. Third-Party Links and Services
The Site may link to third-party websites or services. We do not control those third-party properties and are not responsible for their content, privacy practices, or terms of service. Your use of any third-party property is at your own risk and subject to that property's terms.
7. Disclaimers
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VOLENTIC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL VOLENTIC, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR RELATING TO YOUR USE OF THE SITE, EVEN IF VOLENTIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL VOLENTIC'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not fully apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Volentic LLC and its officers, members, employees, and agents from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Site, (b) your breach of these Terms, or (c) your violation of any law or third-party right.
10. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
11. Venue and Dispute Resolution
Any dispute arising out of or relating to these Terms or your use of the Site will be brought exclusively in the state or federal courts located in Hidalgo County, Texas, and you and Volentic each consent to the personal jurisdiction and venue of those courts.
12. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent version. If we make material changes, we will provide notice on the Site. Your continued use of the Site after a change takes effect constitutes acceptance of the updated Terms.
13. Severability and Waiver
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to enforce it later.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Volentic regarding the Site, and supersede all prior agreements about the Site. They do not supersede any signed services agreement between you and Volentic.
15. Contact
Volentic LLC
c/o Registered Agents Inc.
5900 Balcones Drive, Suite 100
Austin, TX 78731
info@volentic.com