Terms of Service

1.1 — Eligibility and Legal Capacity

You must be at least eighteen (18) years of age and possess the legal authority to form binding contracts under applicable law to use the Services. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you are accessing or using the Services on behalf of a corporation, limited liability company, partnership, governmental entity, or any other organization, you further represent and warrant that you are duly authorized to bind that organization to these Terms and that your acceptance of these Terms is being made within the scope of such authority. We reserve the right to request evidence of such authority at any time and to suspend or terminate access to the Services if we determine that such authority is insufficient.

1.2 — Acceptance by Use

Your continued use of the Services after the Effective Date constitutes your irrevocable acceptance of these Terms. The Terms apply in full force and effect beginning on the earliest of: (a) the date you first access the website; (b) the date you first engage our consulting services; (c) the date you execute a service agreement with us that incorporates these Terms by reference; or (d) the date you otherwise manifest assent to these Terms through any action or communication. No course of dealing, usage of trade, or failure to enforce any provision shall modify these Terms.

1.3 — Supplemental Agreements

Certain Services, including but not limited to construction projects, integrated systems design engagements, data center deployments, and ongoing maintenance programs, are subject to additional written agreements executed separately between you and MKH Build LLC (Project Agreements). In the event of any conflict or inconsistency between these Terms and a Project Agreement, the terms of the Project Agreement shall govern and control with respect to the specific project or engagement described therein, unless the Project Agreement expressly states otherwise. These Terms shall continue to govern all other aspects of your use of the Services not addressed by the Project Agreement.

2.1 — Right to Amend

We reserve the right, in our sole and absolute discretion, to modify, amend, supplement, or replace these Terms at any time and for any reason. Modifications may be made to reflect changes in applicable law, our business practices, the scope or nature of the Services, advancements in technology, or any other factor that we determine warrants an update to these Terms. All modifications shall become effective immediately upon posting to the website, unless a different effective date is specified. The date appearing at the top of these Terms under Last Reviewed shall be updated to reflect the most recent revision.

2.2 — Notice of Material Changes

If we make material modifications to these Terms, we will use commercially reasonable efforts to notify you by posting a prominent notice on the website, sending an email to the address associated with your account (if any), or through other reasonable means. However, it is your sole responsibility to periodically review these Terms for changes. Your continued use of the Services after any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole and exclusive remedy is to discontinue using the Services. No modification shall apply retroactively to any dispute that arose or claim that accrued prior to the effective date of the modification.

3.1 — Service Categories

MKH Build LLC provides professional services in the following principal categories: Computer Integrated Systems Design, encompassing system architecture, hardware and software blueprinting, IoT integration, SCADA systems, and network topology design; Smart Building Infrastructure, including structured cabling, fiber optic deployment, smart lighting, climate control, access management, and surveillance systems; Data Center and Server Room Design and Construction, covering Tier I through III facilities with full thermal management, redundant power, and airflow engineering; Construction and Fit-Out Services, providing full-scope commercial and industrial construction, tenant improvements, MEP coordination, and code compliance; Consulting and Advisory, delivering feasibility studies, technology roadmaps, vendor selection support, and cost estimation; and Ongoing Maintenance and Support, offering 24/7 monitoring, preventive maintenance, and emergency response. A full description of each service category is available on our website and may be discussed in detail during a consultation engagement.

3.2 — No Guarantee of Availability

While we strive to maintain continuous availability of our website and digital platforms, we do not guarantee that the Services will be available at all times, uninterrupted, secure, or free from errors or omissions. We may suspend, withdraw, or restrict the availability of all or any part of the Services for business, operational, maintenance, or security reasons without prior notice. We shall not be liable to you or any third party for any unavailability, modification, suspension, or discontinuance of the Services or any portion thereof. Access to the Services may be restricted or unavailable in certain geographic regions based on licensing, insurance, or regulatory limitations.

3.3 — Licensing and Jurisdictional Limitations

MKH Build LLC is a licensed construction contractor in the States of Utah, Idaho, and Nevada. The provision of construction, electrical, plumbing, or other regulated trade services is limited to jurisdictions where we hold active and valid licensure. We make no representation that any service described on our website is available or appropriate for use in all jurisdictions. Users who choose to access the Services from locations outside our licensed jurisdictions do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms or on our website shall be construed as an offer to perform services in any jurisdiction where we are not duly licensed.

4.1 — Accurate Information

You agree to provide true, accurate, current, and complete information about yourself and your project requirements when using the Services, including when submitting inquiries through our contact forms, engaging in consultations, or entering into a Project Agreement. You further agree to promptly update any information that becomes outdated or inaccurate. We reserve the right to suspend or terminate your access to the Services if we determine, in our reasonable discretion, that any information provided is untrue, inaccurate, or incomplete. You acknowledge that inaccurate information may result in project delays, cost overruns, or suboptimal design outcomes, and you bear all responsibility for the consequences of providing inaccurate information.

4.2 — Prohibited Conduct

You agree that you will not, under any circumstances, engage in any of the following prohibited activities while using the Services: (a) violating any applicable federal, state, local, or international law, statute, ordinance, or regulation; (b) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (c) transmitting any material that contains software viruses, worms, Trojan horses, ransomware, or any other harmful or malicious computer code, files, or programs; (d) attempting to gain unauthorized access to any portion of the Services, including the servers or networks connected to the Services, through hacking, password mining, or any other means; (e) interfering with or disrupting the integrity or performance of the Services, including by overloading, flooding, spamming, or crashing any system; (f) using the Services to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against any individual or group; (g) using any automated system, including robots, spiders, scrapers, or offline readers, to access the Services for any purpose without our prior express written consent; (h) collecting or harvesting any personally identifiable information from the Services without the data subject--s express consent; (i) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or (j) using the Services for any purpose that is unlawful or prohibited by these Terms. We reserve the right to report any violation of this clause to appropriate law enforcement authorities.

4.3 — Cooperation and Site Access

For projects involving on-site work, you agree to provide our personnel and authorized subcontractors with reasonable and safe access to the project site during normal business hours, or as otherwise agreed in the Project Agreement. You are responsible for ensuring that the site is free of hazards, that utilities are properly identified, and that all necessary permits, consents, and permissions have been obtained from property owners, homeowners-- associations, or other relevant parties prior to the commencement of work. Failure to provide timely access may result in project delays and additional costs for which you shall bear sole responsibility.

5.1 — Ownership of the Services

The Services, including without limitation the website, its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof), and all related intellectual property, are owned by MKH Build LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes in accordance with these Terms. No right, title, or interest in or to the Services or any content therein is transferred to you, and all rights not expressly granted are reserved by MKH Build LLC.

5.2 — Trademarks and Brand Identity

The MKH Build name, the MKH Build logo, the MKH Construction LLC designation, the square logo icon, and all related names, logos, product and service names, designs, domain names, and slogans (collectively, the Marks) are trademarks, service marks, or trade dress of MKH Build LLC in the United States and other jurisdictions. You must not use, reproduce, modify, display, or distribute the Marks without our prior written permission for each instance. All other trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or supplier does not constitute or imply endorsement, sponsorship, or recommendation by MKH Build LLC.

5.3 — Work Product and Deliverables

Unless otherwise expressly agreed in a signed Project Agreement, all designs, drawings, specifications, schematics, blueprints, network diagrams, system architectures, technical documentation, reports, analyses, source code, configuration files, and any other work product or deliverables created by MKH Build LLC in the course of providing the Services (Work Product) shall remain the exclusive intellectual property of MKH Build LLC until full payment for the relevant Services has been received. Upon receipt of full and final payment for the project or engagement to which the Work Product relates, we grant you a perpetual, non-exclusive, non-transferable, royalty-free license to use the Work Product for the specific facility, project, or system for which it was developed. You may not reproduce, distribute, sell, or create derivative works of the Work Product for use on any other project, facility, or location without our express written consent, which may be conditioned on payment of an additional licensing fee.

5.4 — Portfolio and Reference Rights

Notwithstanding anything to the contrary in these Terms, MKH Build LLC retains the right to include a general description, photographs, and non-confidential technical summaries of completed projects in our portfolio, website, marketing materials, and proposals to prospective clients, provided that we do not disclose your confidential information or trade secrets in the process. We will seek your written consent before publishing any content that identifies you by name, includes recognizable images of your facility, or discloses project-specific proprietary details.

6.1 — Ownership of Submissions

You retain ownership of any information, data, documents, images, plans, or other materials that you submit to us through the Services or in connection with a project (User Content). By submitting User Content, you grant MKH Build LLC a worldwide, non-exclusive, royalty-free, fully paid-up license to use, reproduce, modify, adapt, and process your User Content solely as necessary to provide the Services to you and to fulfill our obligations under any applicable Project Agreement. This license includes the right to share User Content with subcontractors, consultants, and service providers who are assisting us in performing the Services, subject to appropriate confidentiality obligations.

6.2 — Representations Regarding Submissions

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit any User Content to us and to grant the license described in Section 6.1. You further represent that your User Content does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or any other rights of any third party, and that it complies with all applicable laws, rules, and regulations. You agree to indemnify and hold harmless MKH Build LLC against any claims, losses, or damages arising from your breach of this representation.

6.3 — Unsolicited Ideas

MKH Build LLC does not accept or consider unsolicited ideas, suggestions, proposals, or materials unrelated to an existing or prospective project engagement. If, despite this policy, you submit such unsolicited materials, you agree that we shall have no obligation to treat them as confidential or proprietary, and that we may use, reproduce, disclose, and distribute such materials without limitation or compensation to you.

7.1 — Fees and Pricing

Fees for our Services are set forth in the applicable Project Agreement, proposal, statement of work, or quotation provided to you. All fees are quoted and payable in United States Dollars (USD) unless otherwise stated. Prices are subject to change at any time prior to the execution of a binding Project Agreement. Once a Project Agreement has been executed by both parties, the pricing terms therein shall remain fixed for the duration specified, subject to any escalation clauses, change order procedures, or force majeure provisions contained in the Project Agreement. We reserve the right to correct any pricing errors or omissions on our website or in our quotations, even after an order has been acknowledged.

7.2 — Invoicing and Payment Schedule

Payment schedules are established in each Project Agreement and typically include an initial deposit or mobilization payment, progress payments tied to defined project milestones, and a final payment upon substantial completion or commissioning. Invoices are due and payable within the number of days specified in the Project Agreement, typically thirty (30) calendar days from the invoice date. Late payments shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, calculated from the due date until the date payment is received in full. You shall be responsible for all costs of collection, including reasonable attorneys-- fees, incurred by us in recovering past-due amounts.

7.3 — Taxes

You are responsible for all sales, use, value-added, goods and services, excise, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on amounts payable by you under these Terms or any Project Agreement, excluding taxes based on our net income. If we have a legal obligation to collect and remit any such taxes, the appropriate amount shall be added to your invoice and paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

7.4 — Suspension for Non-Payment

If any invoiced amount remains unpaid beyond its due date, we reserve the right, after providing five (5) business days-- written notice, to suspend the provision of Services until all past-due amounts are paid in full. Suspension of Services due to non-payment shall not constitute a breach by us, and any resulting project delays or additional costs shall be your sole responsibility. We further reserve the right to exercise any and all remedies available at law or in equity, including the filing and enforcement of mechanic--s liens or other statutory security interests, in connection with unpaid amounts.

8.1 — No Warranty on Website and Digital Platforms

THE WEBSITE AND ALL DIGITAL COMPONENTS OF THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MKH BUILD LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

8.2 — Professional Services Warranty

For construction, design, and integration services provided under a Project Agreement, we warrant that such services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. The specific terms, duration, and scope of any workmanship warranty shall be set forth in the applicable Project Agreement. Unless otherwise specified in the Project Agreement, the sole and exclusive remedy for any breach of this professional services warranty shall be the reperformance of the defective services at our expense or, at our option, a refund of the fees paid for the non-conforming portion of the services. This warranty excludes defects arising from normal wear and tear, improper use or maintenance, modifications made by parties other than MKH Build LLC, failure to follow our operational guidelines, or damage caused by force majeure events.

8.3 — Third-Party Products and Materials

The Services may involve the specification, procurement, or installation of equipment, software, materials, and components manufactured or supplied by third parties. We make no warranty, express or implied, regarding any third-party products or materials, and all such products are subject solely to the warranties (if any) provided by the original manufacturer or supplier. We will assign to you, to the extent permitted, any transferable warranties received from manufacturers or suppliers in connection with products procured on your behalf. You acknowledge that your exclusive remedy for defects in third-party products is against the manufacturer or supplier under the terms of its own warranty.

8.4 — No Reliance on Information

While we endeavor to ensure that the information presented on our website is accurate and up-to-date, we make no representation or warranty of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is strictly at your own risk. The content on our website is provided for general informational purposes only and does not constitute professional engineering, architectural, legal, or financial advice. You should consult qualified professionals for advice specific to your circumstances before making any decision based on information obtained from our website.

9.1 — Exclusion of Consequential and Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MKH BUILD LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, OR DIMINUTION IN VALUE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY PROJECT AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF MKH BUILD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9.2 — Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MKH BUILD LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO MKH BUILD LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED UNITED STATES DOLLARS (USD $500.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS SHALL NOT ENLARGE OR EXTEND THIS LIMITATION. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS A MATERIAL INDUCEMENT FOR MKH BUILD LLC TO ENTER INTO THESE TERMS AND TO PROVIDE THE SERVICES.

9.3 — Statutory Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations set forth in Clauses 8.1, 9.1, and 9.2 may not apply to you in whole or in part. In such jurisdictions, the liability of MKH Build LLC shall be limited to the maximum extent permitted by law. Nothing in these Terms shall be construed to limit or exclude liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

10.1 — Your Duty to Indemnify

You agree to defend, indemnify, and hold harmless MKH Build LLC and its members, managers, officers, directors, employees, agents, subcontractors, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind, including reasonable attorneys-- and expert witness fees and costs, arising out of or relating to: (a) your violation of these Terms or any Project Agreement; (b) your use or misuse of the Services; (c) your User Content, including any claim that your User Content infringes, misappropriates, or violates the rights of any third party; (d) your violation of any applicable law, rule, or regulation; (e) any claim that our use of information, data, materials, specifications, or designs provided by you infringes upon a third party--s intellectual property rights; and (f) any personal injury, death, or property damage occurring on or about the project site that is caused by your acts, omissions, or failure to maintain a safe work environment.

10.2 — Indemnification Procedures

We shall promptly notify you of any claim for which indemnification is sought and shall reasonably cooperate with you in the defense of such claim at your expense. You shall have sole control over the defense and settlement of any such claim, provided that you shall not enter into any settlement that imposes any obligation on, or requires any admission of liability by, MKH Build LLC without our prior written consent, which consent shall not be unreasonably withheld or delayed. 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 shall cooperate fully with us in asserting any available defenses.

11.1 — Definition of Confidential Information

Confidential Information means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, trade secrets, technical data, product plans, business strategies, financial information, customer and supplier lists, project specifications, system designs, architectural drawings, pricing methodologies, source code, and any information related to the business, operations, or intellectual property of the disclosing party. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms by the receiving party; (b) was known to the receiving party prior to disclosure by the disclosing party, as evidenced by contemporaneous written records; (c) is rightfully received by the receiving party from a third party without breach of any obligation of confidentiality; or (d) is independently developed by the receiving party without use of or reference to the disclosing party--s Confidential Information.

11.2 — Obligations of Confidentiality

Each party agrees to protect the other party--s Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care. Neither party shall disclose the other party--s Confidential Information to any third party without the disclosing party--s prior written consent, except to its employees, contractors, and agents who have a need to know for the performance of the Services and who are bound by confidentiality obligations at least as protective as those set forth herein. Each party shall be responsible for any breach of these confidentiality obligations by its employees, contractors, and agents. These confidentiality obligations shall survive the termination of these Terms for a period of five (5) years, or indefinitely with respect to trade secrets.

11.3 — Privacy and Personal Information

Our collection, use, disclosure, retention, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and is available at https://www.mkhbuild.lat/privacy.html. By using the Services, you consent to the practices described in the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy shall control.

11.4 — Compelled Disclosures

If either party is legally compelled by subpoena, court order, or similar legal process to disclose any of the other party--s Confidential Information, the compelled party shall, to the extent legally permitted, provide the other party with prompt written notice of the compelled disclosure and shall reasonably cooperate with the other party--s efforts to obtain a protective order or other appropriate remedy. If a protective order is not obtained, the compelled party may disclose only that portion of the Confidential Information that its legal counsel advises is legally required to be disclosed.

12.1 — Termination by You

You may terminate these Terms at any time by ceasing all use of the Services and providing written notice of termination to MKH Build LLC. Termination of these Terms does not relieve you of any obligation to pay fees accrued or payable prior to the effective date of termination. If you have an active Project Agreement, termination of the Project Agreement is governed by the cancellation and termination provisions set forth therein, which may include early termination fees, demobilization costs, and payment for work performed through the date of termination.

12.2 — Termination or Suspension by Us

We reserve the right, in our sole discretion and without prior notice, to terminate or suspend your access to all or any portion of the Services for any reason or for no reason, including but not limited to your violation of these Terms, your failure to pay fees when due, your engagement in fraudulent or illegal activity, your provision of false or misleading information, or your conduct that we determine, in our sole judgment, to be harmful to our business interests, reputation, or the interests of other users. Upon termination, your right to use the Services shall immediately cease, and you shall promptly destroy any copies of materials obtained from the Services in your possession or control.

12.3 — Survival of Obligations

The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, confidentiality obligations, dispute resolution procedures, and any payment obligations that have accrued prior to termination. Termination shall not affect any rights or obligations that have already accrued as of the effective date of termination, nor shall it limit either party--s right to pursue any available legal or equitable remedy arising from a breach of these Terms occurring prior to termination.

13.1 — Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Subject to the arbitration provisions set forth in Section 13.2, any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located in Utah County, State of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.2 — Negotiation and Mediation

The parties shall first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through good-faith informal negotiations. The party raising the dispute shall provide written notice to the other party describing the nature of the dispute and the relief sought. The parties shall have a period of thirty (30) calendar days from the date such notice is received to negotiate a resolution. If the dispute cannot be resolved through negotiation within that thirty-day period, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator in Utah County, Utah, before commencing any arbitration or court proceeding. The costs of mediation shall be shared equally by the parties.

13.3 — Binding Arbitration

If the dispute is not resolved through negotiation and mediation as set forth in Section 13.2, either party may demand that the dispute be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted by a single arbitrator mutually selected by the parties or, if the parties cannot agree, appointed by the AAA. The arbitration proceedings shall be held in Utah County, Utah, or at another location mutually agreed upon by the parties. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of law, including injunctive relief, but shall not have the authority to award punitive damages. The arbitrator--s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys-- fees in connection with the arbitration, provided that the arbitrator may award the prevailing party its reasonable costs and fees if the arbitrator determines that the non-prevailing party--s position was frivolous or asserted in bad faith.

13.4 — Exceptions to Arbitration

Notwithstanding the arbitration provisions above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, trade secrets, or confidential information. Either party may also seek to enforce a mechanic--s lien, stop notice, or other statutory right under applicable construction law in a court of competent jurisdiction. The parties acknowledge that a breach of confidentiality or intellectual property obligations may cause irreparable harm for which monetary damages would be inadequate, and agree that the non-breaching party shall be entitled to seek temporary, preliminary, and permanent injunctive relief without the necessity of posting a bond or proving actual damages.

13.5 — Class Action and Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MKH BUILD LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THIS CLAUSE 13. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER WAIVE ANY RIGHT TO CONSOLIDATE OR JOIN CLAIMS OF OTHER INDIVIDUALS IN ANY ARBITRATION OR COURT PROCEEDING.

14.1 — Definition of Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms or any Project Agreement if such delay or failure results from circumstances beyond the party--s reasonable control, including but not limited to acts of God, earthquakes, floods, hurricanes, tornadoes, wildfires, pandemics, epidemics, public health emergencies, governmental orders or restrictions (including stay-at-home orders and mandatory closures), war, acts of terrorism, civil unrest, riots, labor strikes or lockouts, supply chain disruptions, material shortages, utility failures, internet or telecommunications outages, denial-of-service attacks, or any other event or condition that is not reasonably foreseeable and is beyond the reasonable control of the affected party. Each such event or condition is referred to as a Force Majeure Event.

14.2 — Effect of Force Majeure

Upon the occurrence of a Force Majeure Event, the affected party shall: (a) provide prompt written notice to the other party describing the Force Majeure Event and its anticipated impact on performance; (b) use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance as soon as reasonably practicable; and (c) keep the other party regularly informed of the status of the Force Majeure Event and the anticipated timeline for resumption of performance. The time for performance of the affected obligation shall be extended by a period equal to the duration of the Force Majeure Event plus a reasonable period for remobilization. If a Force Majeure Event continues for a period exceeding ninety (90) consecutive calendar days, either party may terminate the affected Project Agreement upon written notice, and the parties shall equitably settle accounts for work completed and materials procured prior to the termination date.

15.1 — Our Insurance Coverage

MKH Build LLC maintains comprehensive insurance coverage appropriate for the nature and scope of our operations, including but not limited to: (a) Commercial General Liability (CGL) insurance with limits customary for construction and systems integration firms; (b) Workers-- Compensation insurance as required by applicable state law; (c) Professional Liability (Errors and Omissions) insurance covering our design, consulting, and engineering activities; and (d) Automobile Liability insurance for vehicles used in connection with our business operations. Certificates of insurance evidencing our coverage are available to clients upon request and are typically furnished as part of the contracting process. The maintenance of insurance shall not limit or otherwise affect our obligations, liabilities, or indemnification responsibilities under these Terms.

15.2 — Subcontractor Insurance

We require all subcontractors engaged on projects to maintain insurance coverage commensurate with the scope and risk profile of their work and to name MKH Build LLC as an additional insured on their CGL policies. We verify subcontractor insurance coverage prior to commencement of work and at renewal intervals throughout the project duration. You may request evidence of subcontractor insurance coverage for any trade actively working on your project.

16.1 — Third-Party Websites and Resources

The Services may contain links to websites, services, content, or resources provided by third parties, or may enable interoperability with third-party software, applications, or platforms. MKH Build LLC does not control, endorse, sponsor, recommend, or accept responsibility for any third-party websites, services, or resources. Your access to and use of any third-party websites or services is at your own risk and is subject to the terms and conditions and privacy policies of the third party. We encourage you to review the terms and privacy policies of any third-party website before providing personal information or engaging in transactions. We shall not be liable for any loss or damage arising from your use of third-party websites, services, or resources.

16.2 — Advertising and Promotional Content

The Services may display advertisements and promotional content from third-party advertisers. Your dealings with, or participation in promotions of, any advertiser found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. To the fullest extent permitted by law, MKH Build LLC shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

16.3 — Google Verification and Services

Our website is verified with Google services for webmaster and search console functions. This verification is solely for the purpose of enabling us to monitor and optimize website performance and visibility. We do not share your personal information with Google through the verification mechanism, and the verification tag does not collect data about visitors. Any data collection by Google in connection with your use of our website is governed by Google--s own privacy policy.

17.1 — Statute of Limitations

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO COMMENCE SUCH ACTION WITHIN THAT ONE-YEAR PERIOD SHALL RESULT IN THE CAUSE OF ACTION BEING PERMANENTLY BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. This contractual limitation period applies to all claims, however arising, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, and regardless of the legal theory on which the claim is based. You expressly waive any longer statute of limitations period that may otherwise apply by law.

17.2 — Discovery and Tolling

For purposes of this clause, a cause of action accrues when the aggrieved party knows or, through the exercise of reasonable diligence, should have known of the facts giving rise to the claim. This contractual limitations period is intended to be enforced to the fullest extent permitted by law and shall not be subject to tolling, equitable estoppel, or any other doctrine that would extend the period, except as expressly provided by applicable statutory law that cannot be waived or modified by contract.

18.1 — Entire Agreement

These Terms, together with the Privacy Policy, any Project Agreement expressly referenced herein, and any other document expressly incorporated by reference, constitute the entire agreement between you and MKH Build LLC concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No terms or conditions contained in any purchase order, acknowledgment, or other document furnished by you shall modify, supplement, or supersede these Terms unless expressly accepted in writing by an authorized representative of MKH Build LLC.

18.2 — Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

18.3 — No Waiver

No failure or delay by MKH Build LLC in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver of any breach or default shall not constitute a waiver of any subsequent or continuing breach or default. To be effective, any waiver by MKH Build LLC must be in writing and signed by an authorized representative of MKH Build LLC.

18.4 — Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, whether by operation of law, merger, consolidation, change of control, or otherwise, without our prior written consent, which may be withheld in our sole discretion. Any attempted assignment in violation of this section shall be null and void. MKH Build LLC may assign, transfer, or delegate these Terms, in whole or in part, without restriction or prior notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

18.5 — Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MKH Build LLC. Neither party is an agent, employee, partner, or legal representative of the other and neither party has the right or authority to make any representation, warranty, or commitment, or to assume or create any obligation of any nature, on behalf of the other party, except as expressly authorized in a separate written instrument. MKH Build LLC shall perform the Services as an independent contractor and retains full control over the manner, means, and methods of performing the Services consistent with applicable professional standards.

18.6 — Notices and Communications

All notices, requests, demands, and other communications required or permitted under these Terms shall be in writing and shall be deemed duly given: (a) when delivered personally; (b) when sent by email with confirmation of receipt; (c) three (3) business days after being deposited in the United States mail, certified or registered, return receipt requested, postage prepaid; or (d) one (1) business day after being deposited with a nationally recognized overnight courier service. Notices to MKH Build LLC shall be addressed to MKH Build LLC, 4873 S Poplar Way, APT 101, Mapleton, Utah 84664-5086, with a copy by email to reply@mkhbuild.lat. Notices to you shall be sent to the email address or physical mailing address you provided to us in connection with your use of the Services or in any Project Agreement. Either party may update its notice address by providing written notice of the change to the other party in accordance with this section.

18.7 — Electronic Communications

By using the Services, you consent to receive communications from us electronically, including through email, text message, the website, or our project management platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of receiving promotional communications at any time by following the unsubscribe instructions included in such communications, but you may not opt out of receiving transactional or service-related communications that are necessary for us to provide the Services or to comply with legal obligations.

18.8 — Interpretation and Construction

For purposes of these Terms: (a) the words include, includes, and including shall be deemed to be followed by the words without limitation; (b) the word or shall not be exclusive; (c) headings are for reference only and shall not affect the interpretation or construction of these Terms; (d) words importing the singular shall include the plural and vice versa; (e) the terms hereof, herein, hereby, hereto, and derivative or similar words refer to these Terms as a whole; and (f) any reference to days shall be to calendar days unless business days are specified. These Terms shall be construed without regard to any presumption or rule requiring construction against the party that drafted the instrument, and no ambiguity shall be construed against any party as the drafter. Both parties have had the opportunity to review and negotiate these Terms and to consult with legal counsel of their choosing prior to acceptance.

19.1 — How to Reach Us

If you have questions, concerns, or comments about these Terms, the Services, or your relationship with MKH Build LLC, please contact us using any of the following methods:

• Email: reply@mkhbuild.lat (for general inquiries, legal matters, and service questions)
• Telephone: +1 (363) 777-1284 (available Monday through Friday, 8:00 AM to 5:00 PM Mountain Time)
• Postal Mail: MKH Build LLC, 4873 S Poplar Way, APT 101, Mapleton, Utah 84664-5086, United States
• Website: https://www.mkhbuild.lat (use the contact form for project inquiries)

19.2 — Feedback and Suggestions

We welcome and encourage your feedback, comments, and suggestions for improvements to the Services. However, any feedback, comments, or suggestions you provide regarding the Services or our business shall be considered non-confidential and shall become the sole property of MKH Build LLC without any obligation to compensate you. We shall be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. This provision does not apply to feedback that is subject to a separate written agreement that expressly provides otherwise.

19.3 — Reporting Violations

If you believe that any user of the Services is violating these Terms or engaging in unlawful conduct, please report the matter to us immediately at reply@mkhbuild.lat. We take all reports seriously and will investigate and take appropriate action in accordance with our policies and applicable law. We appreciate your assistance in helping to maintain a safe, professional, and respectful environment for all users of the Services.