Terms of Service

Welcome to Clotfelter Data & Design LLC. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related applications (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Clotfelter Data & Design LLC provides professional development services including:

• Full-stack web application development
• Database design and implementation (PostgreSQL, PostGIS)
• Spatial data analysis and GIS solutions
• AI integration and implementation
• Modern hosting and deployment services
• Consulting and technical advisory services

Specific services, deliverables, timelines, and fees will be outlined in individual project agreements or statements of work.

2. Your Obligations

When using our Services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of any account credentials
• Use the Services only for lawful purposes
• Not interfere with or disrupt the Services
• Not attempt to gain unauthorized access to our systems
• Comply with all applicable laws and regulations
• Provide timely feedback and materials needed for project completion
• Make payments according to agreed-upon terms

3. Intellectual Property Rights

4. Payment and Fees

• Pricing: Service fees are outlined in individual project agreements or statements of work. All prices are in U.S. dollars unless otherwise specified.
• Payment Schedule: Payment terms will be specified in your project agreement. Typical arrangements include upfront deposits and milestone-based payments.
• Late Payments: Late payments may result in project delays or suspension of services. A late fee may be applied to overdue invoices.
• Refunds: Refund policies are outlined in individual project agreements. Generally, deposits are non-refundable once work has commenced.

5. Project Timelines and Deliverables

While we strive to meet all agreed-upon deadlines, project timelines are estimates and may be affected by:

• Scope changes or additions
• Delays in receiving necessary materials or feedback from clients
• Technical challenges or unforeseen circumstances
• Third-party service dependencies

We will communicate promptly regarding any potential delays and work with you to adjust timelines as needed.

6. Warranties and Disclaimers

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOTFELTER DATA & DESIGN LLC 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.

Our total liability for any claims arising from or related to the Services shall not exceed the total amount paid by you for the specific service giving rise to the claim during the twelve (12) months preceding the claim.

8. Confidentiality

We respect the confidentiality of your business information. We will:

• Protect confidential information shared during our engagement
• Use confidential information only for the purpose of providing services
• Not disclose confidential information to third parties without your consent
• Return or destroy confidential information upon project completion if requested

For projects requiring additional confidentiality protections, we can execute a separate Non-Disclosure Agreement (NDA).

9. Termination

Either party may terminate a project engagement according to the terms specified in the project agreement. Generally:

• You must provide written notice of termination
• You remain responsible for payment for work completed up to the termination date
• We will provide deliverables for completed milestones
• We may terminate immediately if you breach these Terms

10. Indemnification

You agree to indemnify, defend, and hold harmless Clotfelter Data & Design LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) any content or materials you provide.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Cook County, Illinois, in accordance with the rules of the American Arbitration Association.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. Changes will not apply retroactively to existing project agreements.

13. Miscellaneous

• Entire Agreement: These Terms, together with any project agreements, constitute the entire agreement between you and Clotfelter Data & Design LLC.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
• Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.