Terms and Conditions

1. Introduction

Welcome to Utilian.com ("the Site"), operated by Utilian Inc. ("Utilian", "we", "our", or "us"). These Terms and Conditions ("T&C") govern your access to and use of the Site, including all products, services, and content provided therein. By accessing or using the Site, you agree to comply with and be bound by these T&C. If you do not agree to these terms, please refrain from using the Site.

2. Acceptance of Terms

By accessing, browsing, or using the Site, you confirm that you have read, understood, and agreed to be bound by these T&C. If you are accessing the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these T&C on its behalf.

3. Changes to Terms

Utilian reserves the right to modify, update, or change these T&C at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after such changes constitutes your acceptance of the new terms.

4. User Responsibilities

  • Account Creation: Certain features of the Site may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated.
  • Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. Sharing accounts is prohibited. 
  • Prohibited Activities: You agree not to: 
      • Violate any applicable laws or regulations.
      • Infringe upon the intellectual property rights of Utilian or third parties.
      • Distribute harmful software, spam, or engage in hacking activities. 
      • Interfere with or disrupt the normal operation of the Site, its services, or networks connected to it. 

5. Intellectual Property

  • Ownership: All content, software, trademarks, logos, and other intellectual property on the Site are owned or licensed by Utilian and are protected by copyright and intellectual property laws.
  • License Grant: Subject to these T&C, Utilian grants you a limited, non-exclusive, non-transferable license to access and use the Site and its content for lawful purposes. 
  • Restrictions: You may not:
      • Copy, modify, distribute, or create derivative works based on the Site or its content.
      • Reverse engineer, decompile, or disassemble any software provided on the Site.
      • Use the Site for any unlawful or unauthorized purpose.

6. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and safeguard your information. By using the Site, you consent to the practices described in the Privacy Policy.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Utilian shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Site.
  • Any unauthorized access to or use of our servers and any personal information stored therein.
  • Any interruption or cessation of transmission to or from the Site.
  • Any bugs, viruses, or the like that may be transmitted to or through the Site.

8. Termination

Utilian reserves the right to suspend or terminate your access to the Site at any time, without prior notice, if Utilian reasonably believes you have violated these T&C or engaged in harmful conduct. However, you may terminate your account at any time by contacting Utilian. 

9. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Utilian. Utilian assumes no responsibility for the content, privacy policies, or reliability of these external sites. You acknowledge and agree that your use of such websites or services is at your own risk, and Utilian shall not be responsible or liable for any resulting damage or loss. 

10. Indemnity

You agree to indemnify, defend, and hold harmless Utilian, its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your use of the Site, Software, or Services. 
  • Your violation of these T&C.
  • Your infringement of any intellectual property or other rights of any third party.

11. Governing Law

These T&C shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration (as set forth below) shall be brought exclusively in the state or federal courts located in Delaware.

12. Dispute Resolution

You agree to attempt to resolve any disputes through informal negotiations with Utilian. If resolution cannot be reached within thirty (30) days, the dispute shall be settled through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, USA, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.

13. Miscellaneous

  • Force Majeure: Utilian shall not be liable for delays or failures due to causes beyond its reasonable control, including natural disasters, acts of government, labor disputes, internet outages, or equipment failures. 
  • Severability: If any provision of these T&C is found to be invalid, the remaining provisions shall continue in full force and effect. 
  • Entire Agreement: These T&C, along with the Privacy Policy and any other legal notices or agreements posted on the Site, shall constitute the entire agreement between you and Utilian.
  • Waiver: A failure or delay by Utilian to enforce any provision of these T&C shall not be deemed a waiver of that or any other provision, and no single or partial exercise of any right shall preclude further enforcement of that right. 

Contact Information 

For any questions or concerns regarding these T&C, please contact us at: 
Email: contact@utilian.com 
Mailing Address: 161 Fort Evans Rd NE, Suite 325, Leesburg, VA 20176, U.S.A.