Terms of Service

1. Definitions

For the purposes of these Terms of Service, the following terms have the meanings assigned to them:

• Agreement refers to these Terms of Service as a whole, including any documents expressly incorporated by reference.
• Client means any individual or entity that engages Bin Better for professional services under a separate service agreement, statement of work, or master services agreement.
• Content means all text, graphics, images, code, data, and other materials made available through the website.
• Services means the professional consulting and design services offered by Bin Better, including systems architecture, cloud infrastructure design, API strategy, data pipeline engineering, and operational readiness consulting.
• User or you means any individual who accesses or uses the website, whether as a visitor, potential client, or client.
• Website means the website operated by Bin Better at binbetter.buzz and all associated subdomains.

2. Acceptance of Terms

By accessing or using the website, you confirm that you have read, understood, and agree to be bound by these Terms of Service. These terms apply to all visitors, users, and others who access or use the website.

If you are using the website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms. In such case, the term you will refer to the organization you represent.

We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the website after any changes constitutes your acceptance of the new terms. We encourage you to review these terms periodically.

3. Use of the Website

You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the website. Prohibited conduct includes, but is not limited to:

• Violating any applicable local, state, national, or international law or regulation.
• Engaging in any activity that could damage, disable, overburden, or impair the website or interfere with any other party's use of the website.
• Attempting to gain unauthorized access to any portion of the website, its servers, or any systems connected to the website.
• Uploading or transmitting viruses, malware, or any other malicious code.
• Using automated scripts, bots, scrapers, or similar tools to access, collect, or extract data from the website without our express written permission.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

We reserve the right to terminate or restrict your access to the website at any time, without notice, for any violation of these terms or for any other reason at our sole discretion.

4. Intellectual Property Rights

All content, materials, designs, code, and intellectual property displayed on or made available through the website are owned by Bin Better, LLC or its licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website and its content for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the website without our prior written consent.

The name Bin Better, the Bin Better logo, and any related service names, designs, and slogans are trademarks of Bin Better, LLC. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names appearing on the website are the property of their respective owners.

5. Client Engagements and Service Agreements

These Terms of Service govern only your use of the website. If you engage Bin Better for professional services, the specific terms of that engagement will be set forth in a separate written agreement, which may include a Master Services Agreement, Statement of Work, or engagement letter.

In the event of any conflict between these Terms of Service and a separate service agreement, the terms of the service agreement shall prevail with respect to the subject matter of that agreement. Nothing in these terms obligates Bin Better to provide services to any user of the website, and we reserve the right to decline any engagement at our sole discretion.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Bin Better, LLC, its members, employees, contractors, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or cost of procurement of substitute services, arising out of or in connection with your use of the website or any content therein.

Our total liability to you for any claims arising out of or relating to these terms or your use of the website shall not exceed the amount you have paid to us, if any, for accessing the website. This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

7. Disclaimer of Warranties

The website and all content, materials, and information available on or through it are provided on an as-is and as-available basis, without any warranties of any kind, either express or implied.

To the fullest extent permitted by law, Bin Better disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

We make no representation or warranty that the information on the website is accurate, complete, or current. The content on the website is provided for general informational purposes only and should not be relied upon as professional advice. You should consult with appropriate professionals before making any decisions based on information obtained from the website.

8. Indemnification

You agree to indemnify, defend, and hold harmless Bin Better, LLC, its members, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the website, your violation of these Terms of Service, or your infringement of any intellectual property or other rights of any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Third-Party Links and Resources

The website may contain links to third-party websites, services, or resources that are not owned or controlled by Bin Better. We provide these links for your convenience only and do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites.

You acknowledge and agree that Bin Better shall not be liable for any loss or damage caused by or in connection with your use of any third-party websites, services, or resources. We encourage you to review the terms and policies of any third-party sites you visit.

10. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

Any dispute arising out of or relating to these terms, the website, or your use thereof shall be resolved exclusively through binding arbitration conducted in Utah County, Utah, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and attorneys' fees, unless a prevailing party is entitled to recover such costs and fees under applicable law.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.

11. Termination

We reserve the right to terminate or suspend your access to the website at any time, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms of Service.

Upon termination, your right to use the website will immediately cease. The provisions of these terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and governing law provisions.

12. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these terms. The remaining provisions shall continue in full force and effect.

The failure of Bin Better to enforce any right or provision of these terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

13. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published on the website, constitute the entire agreement between you and Bin Better regarding your use of the website. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, regarding the subject matter hereof.

No modification or amendment to these terms shall be binding unless made in writing and signed by an authorized representative of Bin Better, LLC.

14. Contact Information

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

Bin Better, LLC
528 S Alpine Hwy
Alpine, UT 84004-1508
United States

Email: chat@binbetter.buzz
Phone: +1 440 689 4705