Last Updated: October 26, 2023
These Terms of Service ("Terms," "ToS," or "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” or "User") and MissionOaks.dev, LLC, a California limited liability company ("Company," "we," "us," or "our"), concerning your access to and use of the website located at missionoaks.dev, as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the "Site"). The Site provides information regarding our IT consulting services, which include strategic planning, infrastructure and cloud services, cybersecurity, software development, data management, AI integration, DevOps, network engineering, virtual CIO/CTO services, training, helpdesk support, project management, regulatory advice, documentation, and client relationship management. The Site is offered conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.
By accessing or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Service. Your agreement to comply with and be bound by these terms is deemed to occur upon your first use of the Site. This method of acceptance, through use, is standard for informational websites lacking user registration, establishing the basis for a binding agreement for all visitors. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. These Terms are effective as of the "Last Updated" date specified above.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site. By using the Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to agree to these Terms. The Site is controlled and operated by us from our offices within the United States and is intended for use by individuals accessing it from the United States. Users accessing the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
These Terms govern solely your access to and use of the Site and its informational content. They are entirely separate and distinct from any other contractual agreements you may enter into with the Company for the provision of IT consulting services, including but not limited to Master Service Agreements (MSAs), Statements of Work (SOWs), consulting agreements, or any other client service contracts. The execution of such separate agreements is required to establish a formal client relationship and engage the Company's consulting services. These Terms do not, in any way, constitute an offer or obligation for the Company to provide consulting services, nor do they obligate you to engage the Company for such services. Explicitly defining this separation from the outset in these website Terms is crucial to prevent any misunderstanding that browsing the Site or submitting an initial inquiry constitutes the beginning of a formal consulting engagement, which requires a distinct, mutually executed service agreement.
All content provided on the Site, including but not limited to text, graphics, images, service descriptions, methodologies, blog posts, articles, case studies, and any other materials (collectively, the "Content"), is provided strictly for general informational and educational purposes only. The Content is provided solely as a self-help tool for your own use regarding our services.
THE CONTENT ON THIS SITE DOES NOT CONSTITUTE PROFESSIONAL ADVICE. The information contained on this Site is not intended as, and shall not be understood or construed as, professional IT consulting advice, strategic recommendations, technical guidance, financial advice, legal advice, or any other form of professional counsel applicable to your specific situation or needs. While the Content relates to IT consulting and related fields, it is not a substitute for advice from qualified professionals who are aware of the facts and circumstances of your individual situation. We expressly recommend that you seek advice from a qualified IT consultant or other relevant professional to address your particular needs.
You agree that you are using your own judgment and due diligence in interpreting and using the Site Content. You accept personal responsibility for the results of your actions and agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site. The Company assumes no responsibility or liability for any errors or omissions in the Content of this Site. The information contained in this site is provided on an "as is" basis with no guarantees of completeness, accuracy, usefulness, or timeliness. We accept no liability whatsoever for any loss or damage you may incur from relying on any information presented on the Site. The combination of these disclaimers underscores that the website serves as an introductory platform, not a source of actionable, tailored guidance, reflecting the necessary caution for providers of professional services online.
Your use of this Site – including accessing Content, implementing any suggestions potentially set out in the Content, submitting information through the contact form, or any other interaction facilitated by the Site – does not create a consultant-client, professional-client, or any other form of contractual or confidential relationship between you and the Company or any of its professionals.
Submitting an inquiry via the contact form available on the Site is merely a request for information about our services or to initiate a potential discussion. Such submission does not obligate the Company to respond, engage in consultation, provide any service, or accept you as a client. Information submitted via the contact form is not subject to consultant-client confidentiality privileges unless and until a formal client relationship is established through a separate written agreement executed by both parties.
A formal consultant-client relationship with MissionOaks.dev, LLC can only be established through the mutual execution of a formal written agreement (such as an MSA and/or SOW) outside the context of this Site and these Terms. You recognize and agree that we have not created any professional-client relationship by the use of this Website. This clear demarcation is essential to manage expectations and prevent premature reliance, ensuring that formal engagements are deliberately entered into through appropriate contractual processes.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its Content solely for your personal, informational, non-commercial purposes related to learning about and evaluating the Company's services, and for initiating contact with the Company through the provided means. This license is strictly limited to the uses expressly permitted herein and does not confer any ownership rights.
The Site and its entire contents, features, and functionality – including but not limited to all information, software, text, displays, images, video, audio, graphics, data, logos, icons, designs, selections, arrangements thereof, and any methodologies, processes, or approaches described or depicted on the Site (collectively, the "Proprietary Material") – are owned by MissionOaks.dev, LLC, its licensors, or other providers of such material.
This Proprietary Material is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name "MissionOaks.dev," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Furthermore, any descriptions of specific methodologies, processes, frameworks, or approaches presented on the Site constitute the intellectual property of the Company, representing our proprietary way of delivering services. These descriptions are provided for informational purposes only. Unauthorized use, reproduction, adaptation, or application of these described methodologies, as presented on the Site, is strictly prohibited by these Terms. It is important to understand that this clause protects the expression and description of these methodologies as found on the website under copyright and trade secret principles applicable to website content; it does not grant patent-like protection to the underlying concepts themselves, which require separate legal mechanisms.
As stated in Section II.C, you are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Content for your personal, informational, non-commercial use only, strictly related to evaluating the Company's services and in accordance with these Terms. This license is granted subject to the condition that you do not modify the Content, you retain all copyright and other proprietary notices contained in the Content, and you do not otherwise infringe the intellectual property rights of the Company or any third party. This license does not grant you any ownership rights in the Proprietary Material and is subject to the restrictions outlined herein.
Except as expressly permitted in Section III.B, you must not:
Any use of the Site or Proprietary Material not expressly permitted by these Terms constitutes a breach of these Terms and may violate copyright, trademark, and other laws. If you breach these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company.
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Site for any purpose that is illegal or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others. As a condition of your use of the Site, you agree not to:
While the Site does not currently host user-generated content beyond the contact form, these prohibitions establish a baseline standard of conduct, providing future-proofing should such features be added later.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING CALIFORNIA LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MISSIONOAKS.DEV, LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, THE COMPANY'S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SPECIFICALLY, THIS SECTION DOES NOT EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE LAWS OF THE STATE OF CALIFORNIA OR OTHER APPLICABLE LAW. The enforceability of such broad limitations is subject to governing law; California law may impose restrictions on disclaiming liability for certain types of negligence or statutory violations, even in a B2B context. The strength of these liability limitations also relies significantly on the effectiveness of the "Informational Purposes Only" and "No Client Relationship" disclaimers in Section II; should those fail, the grounds for limiting liability related to reliance might be weakened.
You agree to defend, indemnify, and hold harmless MissionOaks.dev, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to, any use of the Site's Content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
Your privacy is important to us. All information we collect on this Site, which is currently limited to personal information you voluntarily provide through the contact form (such as name, email address, company name, and message content), is subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated by reference into these Terms of Service and also governs your visit to the Site, to understand our practices regarding the collection, use, and disclosure of personal information.
Our Privacy Policy details the types of personal information collected, the purposes for which it is collected and used, how it is protected, and your rights under applicable data privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the California Online Privacy Protection Act (CalOPPA). It is essential to refer to the Privacy Policy for comprehensive information on these matters, as required by law.
Our Privacy Policy is designed to comply with applicable California privacy laws. It includes disclosures required by the CCPA/CPRA concerning categories of personal information collected, shared, or sold (if any); the purposes for collection/use; and details regarding California residents' rights, such as the right to know, delete, correct, opt-out of sale/sharing, limit the use of sensitive personal information (if applicable), and non-discrimination for exercising these rights. The Privacy Policy also provides the necessary mechanisms for California residents to submit verifiable consumer requests to exercise these rights.
Furthermore, the Privacy Policy addresses requirements under CalOPPA, including identifying the categories of personally identifiable information collected, describing any sharing with third parties, explaining how we respond to "Do Not Track" signals, stating the policy's effective date, and describing the process for notifying users of material changes to the policy. Even though the site primarily serves a B2B audience and collects limited data via the contact form, the broad definition of "personal information" under CCPA/CPRA necessitates these comprehensive disclosures and procedures for any California residents interacting with the site. The CalOPPA requirement to address "Do Not Track" signals, despite the signal's inconsistent implementation, is also included in the Privacy Policy for statutory compliance.
The following table summarizes key California privacy requirements and how they are addressed, primarily through the linked Privacy Policy:
| California Law | Key Requirement/User Right | How Addressed by MissionOaks.dev |
|---|---|---|
| CalOPPA | Link to Privacy Policy | Provided in website footer and referenced herein (Section VI.A). |
| CalOPPA | Categories of PII Collected | Detailed in Privacy Policy. |