Website Terms and Conditions

1. Website Information and Scope

The Website provides general information about DutchE LLC and its managed IT, identity management, device management, cybersecurity, and related services. Website content is for informational purposes only and may not describe all service terms, limitations, or requirements.

These Terms govern Website use only. They do not govern any managed IT, cybersecurity, consulting, support, or other services provided by DutchE LLC. Those services are subject to a separate written agreement, if any. If a separate signed agreement conflicts with these Terms, the signed agreement governs the services covered by that agreement.

2. No Professional Advice or Client Relationship

Website content is general information, not legal, cybersecurity, IT, compliance, or other professional advice for your particular circumstances. It is not a substitute for an assessment of your systems, organization, legal obligations, or security risks. You should consult appropriately qualified professionals before acting on information that may affect your organization.

Using the Website, reading its content, or submitting a contact form does not create a client, consulting, fiduciary, or other professional relationship with DutchE LLC. A relationship for services is established only through a separate written agreement signed by the parties.

Do not submit passwords, access credentials, confidential security details, protected health information, or other sensitive information through the Website or its contact form. A form submission does not guarantee that information will be confidential or protected from access or disclosure.

3. Acceptable Use

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in a way that violates applicable law or another person’s rights.
• Attempt to gain unauthorized access to the Website, its servers, accounts, or connected systems.
• Interfere with or disrupt the Website, its security, or its operation, including by introducing malware or other harmful code.
• Use automated means to access, copy, or collect Website content in a way that violates applicable law or unreasonably burdens the Website.
• Misrepresent your identity or provide information that you know is false when using a Website form.
• Use Website content to suggest that DutchE LLC endorses you, your organization, or your services without our prior written permission.

We may suspend or restrict access to the Website where reasonably necessary to protect the Website, our users, or our rights, or to address suspected misuse.

4. Contact Forms and Communications

If you submit information through a Website form, you represent that the information is accurate and that you are authorized to provide it. We may use and handle information submitted through the Website as described in our Privacy Policy.

Submitting a form does not require DutchE LLC to respond, provide services, or accept you as a client. Do not use a form submission to send urgent security incident reports or information requiring immediate attention.

5. Calls and Text Messages

Any consent to receive calls or text messages from DutchE LLC is voluntary and separate from your acceptance of these Terms. Accepting these Terms or submitting a contact form does not, by itself, constitute consent to receive calls or text messages.

If the contact form provides a separate, optional, unchecked consent checkbox for calls or text messages, checking that box indicates consent only as described in the disclosure displayed with that checkbox. Consent is not a condition of purchasing services or using the Website. Message and data rates may apply, and message frequency may vary where those disclosures apply. You may opt out of text messages by replying STOP or request assistance by replying HELP, subject to the instructions provided with the applicable messaging program. Opting out of text messages does not necessarily opt you out of other communications for which you have separately consented or that may otherwise be sent as permitted by law.

For further information about calls, text messages, or related notices, see the disclosures presented with the applicable form or communication and our Privacy Policy.

6. Intellectual Property

The Website and its content, including text, graphics, design, logos, and other materials, are owned by DutchE LLC or its licensors and are protected by applicable intellectual property laws. Except as permitted by law or with our prior written permission, you may not reproduce, distribute, modify, publicly display, or create derivative works from Website content.

You may view and print Website pages for your personal or internal business use, provided you do not remove any copyright or other proprietary notices and do not alter the content. This limited permission does not transfer ownership or grant any other rights.

Names, logos, and marks belonging to third parties remain the property of their respective owners. “DutchE” and the DutchE LLC name and logo, to the extent they function as trademarks or service marks, identify DutchE LLC. No license or other right to use them is granted by these Terms.

7. Third-Party Links and Services

The Website may contain links to third-party websites, products, or services for convenience. DutchE LLC does not control or endorse third-party websites or services and is not responsible for their content, availability, security, privacy practices, or terms. Your use of third-party websites or services is at your own risk and subject to their applicable terms and policies.

8. Website Availability and Disclaimer of Warranties

We may change, suspend, or discontinue any part of the Website at any time. We do not guarantee that the Website will always be available, uninterrupted, secure, or free from errors or harmful components.

To the fullest extent permitted by law, the Website and its content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. DutchE LLC disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the extent permitted by law.

Website content may become outdated and may not reflect current technical, legal, security, or regulatory requirements. DutchE LLC does not warrant that using the Website or following its content will achieve a particular result, prevent a security incident, satisfy a compliance requirement, or make any system or organization secure.

9. Limitation of Liability

To the fullest extent permitted by law, DutchE LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, business opportunity, or business interruption, arising out of or related to your access to or use of, or inability to access or use, the Website or its content, even if advised that such damages were possible.

To the fullest extent permitted by applicable law, DutchE LLC's total aggregate liability for all claims arising out of or relating to the Website or these Terms will not exceed one hundred U.S. dollars ($100). This cap applies regardless of the theory of liability and whether the claim arises in contract, tort, statute, or otherwise, and it applies even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, willful misconduct, or other liability that applicable law does not permit us to limit. These Terms do not waive rights that cannot be waived under applicable law. Where applicable law does not permit the cap above to apply to a particular claim, that claim is not subject to the cap, but the rest of this section remains in effect.

10. Indemnification

To the extent permitted by law, you agree to indemnify DutchE LLC and its officers, employees, and agents against third-party claims, losses, liabilities, and reasonable costs, including attorneys’ fees, to the extent arising from your unlawful use of the Website, your material breach of these Terms, or your infringement of another person’s rights through content you submit to the Website.

This obligation does not apply to the extent a claim results from DutchE LLC’s own conduct for which liability cannot lawfully be shifted. We will provide reasonable notice of a claim for which indemnification is sought and reasonable cooperation, at your expense. You may not settle a claim in a way that imposes an obligation or admission on DutchE LLC without our prior written consent.

11. Privacy Policy

Our Privacy Policy describes how we handle information collected through the Website. The Privacy Policy is separate from these Terms and should be read together with them.

12. Changes to These Terms

We may revise these Terms from time to time. The revised Terms will be posted on this page with an updated effective date. Changes apply from the date they are posted, except where applicable law requires otherwise. Your continued use of the Website after revised Terms are posted indicates acceptance of the revised Terms to the extent permitted by law. If you do not agree to revised Terms, stop using the Website.

13. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Website are governed by the laws of the State of California, without regard to its conflict-of-law rules, except where applicable law requires otherwise.

To the extent permitted by law, any legal proceeding relating to these Terms or the Website must be brought in a state or federal court located in Alameda County, California, and you and DutchE LLC consent to the jurisdiction and venue of those courts. This provision does not prevent a proceeding from being brought elsewhere where required by applicable law.

To the extent permitted by applicable law, disputes may be resolved on an individual basis only. You and DutchE LLC each waive any right to participate in a class action or other representative proceeding relating to these Terms or the Website, except where this waiver is prohibited by applicable law.

14. General Terms

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect to the extent permitted by law. A failure to enforce a provision is not a waiver of the right to enforce it later. These Terms do not create an agency, partnership, joint venture, employment, or client relationship between you and DutchE LLC.

15. California Consumer Notice — Civil Code Section 1789.3

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Additional information about the Department of Consumer Affairs and its complaint process is available online at dca.ca.gov.

This information is provided so that California consumers know where to direct questions or complaints about the services described on this Website. It does not limit any right or remedy available under applicable law.

16. Contact Us

Questions about these Terms may be sent to:

DutchE LLC
Email: info@dutchellc.com
Phone: +1 (510) 947-6053
Mailing address: 36368 San Pedro Drive, Fremont, CA 94536
Website: https://dutchellc.com