Welcome to the website of ZMH ENTERPRISE LLC ("we," "us," or "our"), located at www.zmhenter.shop (the "Site"). These Terms of Service ("Terms") govern your access to and use of the Site, as well as the professional services we provide, including computer systems design, computer integrated systems design, cloud solutions, cybersecurity engineering, data analytics, and managed IT services (collectively, the "Services").
By accessing the Site, submitting a contact form, or engaging us for Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access the Site or use our Services. Please read these Terms carefully before using the Site or engaging our Services, and retain a copy for your records.
We may revise these Terms from time to time. The most current version will always be posted on this page, and the "Last updated" date will be revised accordingly. Your continued use of the Site or Services after any changes take effect constitutes your acceptance of the revised Terms.
In these Terms, the following capitalized terms have the meanings set forth below: "Site" means the website located at www.zmhenter.shop and all related subpages and content; "Services" means all professional and technical services offered by us, including but not limited to systems design, integration, consulting, cloud solutions, cybersecurity, analytics, and managed IT; "Client" or "you" means any individual or entity that accesses the Site or engages us for Services; "Content" means all text, graphics, images, software, documentation, and other materials on the Site; and "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.
Unless the context requires otherwise, words in the singular include the plural and vice versa, and references to "including" mean "including without limitation." Section headings are for convenience only and do not affect the interpretation of these Terms.
We provide professional computer systems design and related technical services to organizations across a wide range of industries. The scope, deliverables, timelines, and fees for any specific engagement will be documented in a separate written agreement, statement of work, or proposal agreed upon by both parties. In the event of any conflict between these Terms and a specific written agreement, the specific agreement will govern with respect to the matters it addresses.
All Services are provided on a professional, commercially reasonable basis and in accordance with applicable industry standards. We do not guarantee specific business outcomes, revenue increases, or cost savings, and any statements about potential results are estimates only. We reserve the right to refine the scope and methodology of our Services as needed to achieve the agreed objectives, provided that any material change to scope or fees is communicated to you in advance.
You acknowledge that our Services may involve access to your systems, networks, applications, and data, and you agree to provide us with the reasonable cooperation, information, and access necessary to perform the Services effectively and safely.
The Site and all of its Content, including text, graphics, logos, icons, images, audio clips, software, and the selection and arrangement of such elements, are the property of ZMH ENTERPRISE LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any portion of the Site without our prior written consent.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal business purposes. This license does not include any resale or commercial use of the Site or its Content, any derivative use of the Site or its Content, or any use of data mining, robots, or similar data gathering and extraction tools.
Deliverables created by us specifically for you under a written engagement agreement will be owned as set forth in that agreement. To the extent that any pre-existing materials, methodologies, tools, or software are incorporated into our deliverables, we retain all rights to such pre-existing materials and grant you a non-exclusive, perpetual license to use them solely as part of the deliverables.
The fees for our Services will be set forth in the applicable written agreement, statement of work, or proposal. Unless otherwise specified, fees are quoted in United States dollars and are exclusive of all applicable taxes, levies, and duties, which you will be responsible for paying. Invoices are payable within the timeframe specified in the applicable agreement or, if no timeframe is specified, within 30 days of the invoice date.
If any amount owed by you is not paid when due, we may suspend performance of the Services until payment is received. We also reserve the right to charge interest on overdue amounts at the maximum rate permitted by applicable law, and you agree to reimburse us for all reasonable costs we incur in collecting overdue amounts, including reasonable attorneys’ fees.
Any changes to the scope of Services requested by you after the commencement of an engagement may result in additional fees, which will be communicated to you in writing before the additional work is performed. You will not be charged for changes you have not approved.
Each party agrees to hold the other party’s Confidential Information in strict confidence and to use it solely for the purpose of performing obligations or exercising rights under the applicable engagement. Neither party will disclose the other’s Confidential Information to any third party without the disclosing party’s prior written consent, except to employees, contractors, and advisors who need to know such information and who are bound by confidentiality obligations at least as protective as those in these Terms.
Confidential Information does not include information that: is or becomes publicly available through no fault of the receiving party; was rightfully known to the receiving party prior to disclosure; is rightfully obtained by the receiving party from a third party without restriction; or is independently developed by the receiving party without use of the disclosing party’s Confidential Information. The receiving party may disclose Confidential Information to the extent required by law or court order, provided it gives the disclosing party reasonable advance notice to seek a protective order.
These confidentiality obligations will survive the termination or expiration of any engagement agreement and will continue in effect for a period of five years following the last disclosure of Confidential Information.
We warrant that our Services will be performed in a professional and workmanlike manner, in accordance with industry standards, and in conformity with the scope and specifications set forth in the applicable engagement agreement. If any Services fail to conform to this warranty, our sole obligation and your exclusive remedy will be, at our option, to re-perform the non-conforming Services or to refund the fees paid for the non-conforming portion of the Services.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE.
To the fullest extent permitted by law, we disclaim all liability for any loss or damage arising from your reliance on information obtained through the Site, including any content provided by third parties. Any use of the Site or Services is at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZMH ENTERPRISE LLC OR ITS OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless ZMH ENTERPRISE LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any rights of a third party, including intellectual property or privacy rights; or (d) your provision of inaccurate or unlawful information to us.
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 case you agree to cooperate with us in asserting any available defenses. You may not settle any indemnified matter without our prior written consent.
These Terms apply to your access to and use of the Site and remain in effect until terminated in accordance with this section. Either party may terminate a specific Services engagement in accordance with the termination provisions of the applicable written agreement. If no termination provisions are specified, either party may terminate an engagement upon 30 days’ written notice to the other party.
We may suspend or terminate your access to the Site immediately, without notice or liability, if we reasonably believe that you have violated these Terms, engaged in fraudulent or unlawful activity, or taken actions that threaten the security or integrity of the Site or our systems. Upon termination, your rights to use the Site cease immediately, and we may remove and discard any content or data you have submitted to the Site.
Sections that by their nature should survive termination, including Sections 4 (Intellectual Property), 6 (Confidentiality), 7 (Warranties), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law), and 15 (Entire Agreement), will survive any termination or expiration of these Terms.
These Terms and any disputes arising out of or relating to them, the Site, or the Services will be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Ohio for any dispute arising under these Terms.
Before initiating any legal proceeding, the parties agree to attempt in good faith to resolve any dispute through negotiation and, if necessary, mediation. The prevailing party in any legal proceeding will be entitled to recover its reasonable attorneys’ fees and costs. Any claim or cause of action you may have arising out of or relating to the Site or Services must be commenced within one (1) year after the claim or cause of action accrues; otherwise, such claim or cause of action is permanently barred.
When using the Site, you agree not to: violate any applicable law or regulation; impersonate any person or entity or misrepresent your affiliation with any person or entity; upload, post, or transmit any unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content; interfere with or disrupt the Site, its servers, or connected networks; attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to it; use the Site to send unsolicited communications, spam, or chain letters; or collect or harvest any personally identifiable information of other users.
You further agree not to use automated means, including bots, scrapers, or spiders, to access the Site or to extract data from it, and not to reverse engineer, decompile, or disassemble any portion of the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our reasonable judgment, violates this section, including suspending or terminating access and reporting such conduct to law enforcement authorities.
The Site may contain links to third-party websites, products, or services that are not owned or controlled by us. We provide such links solely for your convenience and do not endorse, warrant, or assume any responsibility for the content, privacy practices, or terms of any third-party website. Your use of any third-party website is subject to that website’s own terms and privacy policy, and you access third-party websites at your own risk.
We will not be liable for any loss or damage arising from your use of third-party websites or resources, including any purchases you make through them. We encourage you to review the terms and privacy policies of any third-party website you visit.
Neither party will be liable for any failure or delay in performing its obligations under these Terms or any engagement agreement if such failure or delay results from circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemics or pandemics, government actions or restrictions, power failures, internet or telecommunications outages, cyberattacks, or failure of third-party suppliers or service providers.
The affected party will promptly notify the other party of the occurrence of any force majeure event and will use commercially reasonable efforts to mitigate its effects and resume performance as soon as practicable. If a force majeure event continues for more than 30 days, either party may terminate the affected engagement upon written notice without further liability, except for fees and expenses accrued prior to the termination.
These Terms, together with any written engagement agreement, statement of work, proposal, or other documents incorporated by reference, constitute the entire agreement between you and ZMH ENTERPRISE LLC regarding the Site and the Services and supersede all prior and contemporaneous agreements, understandings, representations, and communications, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be deemed modified to the minimum extent necessary to make it enforceable while preserving its intent. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or of our right to enforce it at a later time.
If you have any questions about these Terms, the Site, or our Services, please contact us using the following details:
ZMH ENTERPRISE LLC
6121 Gander Rd E
Huber Heights, 45424
United States
Email: support@zmhenter.shop
Phone: +1 631 647 1263
We will respond to all inquiries within a reasonable timeframe, typically within 5 business days.