Terms of Service

Welcome to McVay HR LLC. These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and McVay HR LLC, a limited liability company organized under the laws of the State of Utah, United States, with its principal place of business located at 309 N 100 W APT A, Millville, UT 84326-7831. By accessing or using our website located at https://www.mcvayhr.lat, engaging our professional consulting services, communicating with us via electronic mail at reply@mcvayhr.lat, or contacting us by telephone at +18352772443, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. Please read every provision carefully before proceeding to use any aspect of our website or services. If you do not agree with any part of these terms, you must immediately discontinue all use of the website and refrain from engaging our professional services.

These Terms of Service apply to all visitors, users, clients, and others who access or use the website or our services. By continuing to browse and interact with the website, you represent and warrant that you are at least eighteen years of age, that you have the legal capacity to enter into binding contracts, and that you are not barred from receiving services under the laws of the United States or any other applicable jurisdiction. We reserve the right to update, amend, or replace any part of these Terms of Service by posting revisions and updates to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Acceptance of Terms

By accessing this website, browsing its pages, submitting any inquiry through our contact forms, scheduling a consultation, or engaging McVay HR LLC for professional computer systems design and integrated systems consulting services, you expressly acknowledge that you have read and understood these Terms of Service, together with our Privacy Policy, and agree to be bound by all of their respective provisions without reservation. This acceptance creates a binding contractual relationship between you and McVay HR LLC, enforceable in accordance with applicable law. If you are accepting these terms on behalf of a company, organization, government entity, or other legal person, you represent and warrant that you have full authority to bind that entity to these terms, and references to you herein shall refer to that entity and all of its authorized users, agents, employees, and contractors.

Your acceptance of these terms is effective as of the earlier of the date you first access the website or the date you first engage our services. This acceptance remains in full force and effect until terminated in accordance with the provisions set forth below. McVay HR LLC reserves the right to modify, amend, or replace these Terms of Service at any time and for any reason, at our sole discretion, without individual notice to any user. When we make material changes, we will update the Effective Date at the top of this page and, where appropriate, provide additional notice such as a banner on the website. We encourage you to review these terms periodically to stay informed of any updates. Your continued use of the website or our services after any modification constitutes your acceptance of the revised terms. If you do not agree to the revised terms, your sole remedy is to discontinue use of the website and terminate any ongoing engagement in accordance with applicable termination provisions.

The most current version of these Terms of Service will always be available on this page. We recommend that you print or save a copy of these terms for your records. Any new features, tools, or services that we add to the website or to our consulting practice in the future shall also be subject to these Terms of Service unless expressly stated otherwise in a separate written agreement. You may not assign or transfer your rights or obligations under these terms to any third party without our prior written consent, and any attempted assignment or transfer without such consent shall be null and void.

2. Services Description

McVay HR LLC is a professional consulting firm specializing in computer systems design and integrated systems consulting. Our practice encompasses a broad spectrum of technology advisory and implementation services tailored to meet the unique needs of organizations across various industries and stages of growth. We help our clients navigate complex technology landscapes, design robust systems architectures, implement scalable infrastructure, and optimize their technology investments to achieve measurable business outcomes.

Our core service offerings include but are not limited to the following areas of expertise. In systems architecture design and analysis, we assess existing technology environments, identify gaps and inefficiencies, and develop comprehensive architectural blueprints that align technology decisions with strategic business objectives. Our technology infrastructure planning and implementation services cover on-premises, cloud-based, and hybrid environments, encompassing network design, server architecture, storage solutions, virtualization strategies, and disaster recovery planning. For software systems integration and interoperability, we evaluate disparate applications and platforms within the organization, design integration frameworks and APIs, and implement solutions that enable seamless data flow and process automation across the technology ecosystem.

Our cloud computing strategy and migration services guide organizations through every phase of cloud adoption, from initial readiness assessment and vendor selection to workload migration, cost optimization, and ongoing governance. In cybersecurity assessment and planning, we conduct comprehensive risk assessments, vulnerability analyses, and compliance gap evaluations, then develop prioritized remediation roadmaps and security architecture recommendations that address the specific threat landscape facing the organization. Our data analytics and business intelligence solutions help clients transform raw data into actionable insights through data warehousing, pipeline engineering, dashboard development, and advanced analytics modeling. Additionally, our IT strategy consulting and digital transformation advisory services provide executive-level guidance on technology roadmaps, organizational change management, vendor management, and innovation strategy.

The exact scope of work, specific deliverables, project timeline, milestones, acceptance criteria, fee structure, payment schedule, and other material terms for any consulting engagement shall be defined in a separate written agreement, statement of work, or engagement letter executed by authorized representatives of both McVay HR LLC and the client. No binding obligation to perform services arises from your use of this website or from any preliminary discussions, email exchanges, or oral communications. A binding contractual relationship for professional services is established only upon the mutual execution of a written agreement that specifies the scope, fees, and other material terms of the engagement. McVay HR LLC reserves the right to decline any engagement or project at our sole discretion and is under no obligation to accept any request for services submitted through the website or other communication channels.

All estimates, proposals, and preliminary advice provided before the execution of a formal agreement are for informational and discussion purposes only. They do not constitute a binding offer, and McVay HR LLC makes no representations or warranties regarding the accuracy, completeness, or feasibility of any preliminary estimates. The client acknowledges that actual project scope, costs, and timelines may differ materially from preliminary discussions once a detailed discovery and scoping process has been completed and memorialized in a written statement of work.

3. Use of Website

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use this website for your personal or internal business purposes in accordance with these Terms of Service. This license does not include any right to resell or make commercial use of the website or its contents; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, spiders, scraping, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by McVay HR LLC and its licensors.

You agree to access the website only through the interfaces and protocols provided by us. You shall not attempt to gain unauthorized access to any portion or feature of the website, or to any other systems or networks connected to the website or to any McVay HR LLC server, or to any of the services offered on or through the website, by hacking, password mining, or any other illegitimate means. You shall not probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website. You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or any systems or networks connected to the website.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person or entity using the website. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the website for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity that infringes the rights of McVay HR LLC or others.

4. Intellectual Property Rights

All content, materials, features, and functionality available on or through this website, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software code, scripts, design elements, layout, structure, selection, arrangement, and the overall look and feel of the site, together with all intellectual property rights pertaining thereto, are the exclusive property of McVay HR LLC, its affiliates, or its content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws and treaties. The compilation and organization of all content on this website is the exclusive property of McVay HR LLC and is protected by applicable copyright laws. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by McVay HR LLC.

The trademarks, service marks, trade names, logos, and trade dress displayed on this website, whether registered or unregistered, including the McVay HR name and associated design elements, are the proprietary marks of McVay HR LLC or third parties who have granted us the right to use their marks. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the prior written permission of McVay HR LLC or the applicable third-party owner. Any unauthorized use of the trademarks or other intellectual property appearing on this website may violate trademark, copyright, and other applicable laws and could result in criminal or civil penalties.

You may view, download, and print a reasonable number of copies of pages from the website for your own personal, non-commercial, and informational use only, provided that you do not modify the copies and that you retain all copyright, trademark, and other proprietary notices contained in the original materials. You must not, under any circumstances, republish, reproduce, duplicate, copy, sell, rent, sublicense, loan, distribute, transmit, broadcast, display, or otherwise exploit any material from this website for a commercial purpose or for any public display or performance without obtaining our express prior written consent, which may be withheld in our sole and absolute discretion.

Furthermore, you agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on any portion of the website or its content. You may not remove, obscure, or alter any copyright, trademark, or other proprietary notices affixed to or contained within any website materials. You may not use any automated data collection methods, including but not limited to scraping, data mining, robots, spiders, or similar data gathering and extraction tools, to collect or harvest any information from the website or from any user of the website. Any use of the website or its content not expressly permitted by these Terms of Service is a breach of these terms and may violate copyright, trademark, and other laws.

5. Client Deliverables and Ownership of Work Product

The ownership and licensing terms for deliverables, work product, and intellectual property created in the course of a consulting engagement are among the most important provisions of the client relationship. Upon full and final payment of all fees, expenses, and other amounts due under the applicable statement of work or engagement letter, the client shall receive a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use the specific deliverables created by McVay HR LLC for and delivered to the client as part of that particular engagement, for the internal business purposes of the client as described in the applicable statement of work. This license permits the client to use, modify, and adapt the deliverables within their organization but does not permit the client to resell, sublicense, distribute to third parties, or commercialize the deliverables as a standalone product or service offering unless expressly agreed in writing.

The underlying methodologies, analytical frameworks, tools, templates, models, processes, techniques, know-how, algorithms, code libraries, pre-existing software modules, and general knowledge and experience that McVay HR LLC has developed, owned, or licensed prior to or independently of the engagement, and that are used to create the deliverables, shall remain the sole and exclusive property of McVay HR LLC. Nothing in these Terms of Service or any statement of work shall be construed as transferring ownership of or granting any license to such pre-existing intellectual property, except to the extent necessary for the client to make use of the deliverables as permitted herein. McVay HR LLC retains the unrestricted right to use, develop, and commercialize its pre-existing intellectual property, methodologies, and know-how for any purpose, including for the benefit of other clients, provided that confidential information of the client is not disclosed in violation of the confidentiality obligations set forth in these terms.

For custom software code, technical documentation, architectural designs, and other original works of authorship developed specifically for the client under a written statement of work and designated therein as work made for hire or assigned deliverables, ownership of such works shall be assigned to the client upon full payment of all amounts due, subject to the terms of the applicable statement of work. Such assignment shall be effective upon final payment and shall include all rights, title, and interest in and to the assigned deliverables, including all copyright, patent, trade secret, and other intellectual property rights therein. McVay HR LLC agrees to execute such further documents and take such further actions as may be reasonably necessary to perfect and record the assignment of rights to the client. Notwithstanding the foregoing, McVay HR LLC retains a non-exclusive, perpetual right to use and reference generic, non-confidential aspects of the deliverables in its portfolio, marketing materials, and professional practice.

6. User Obligations and Conduct

When accessing or using our website, communicating with our team, or engaging our professional services, you agree to conduct yourself responsibly and in accordance with these Terms of Service and all applicable laws and regulations. You represent and warrant that all information you provide to McVay HR LLC, whether through the website contact forms, by email, by telephone, or in the course of a consulting engagement, is truthful, accurate, current, and complete, and you agree to promptly update such information as necessary to maintain its accuracy. You acknowledge that McVay HR LLC relies on the accuracy and completeness of the information you provide in order to deliver effective professional services, and that any failure to provide accurate or complete information may materially and adversely affect the quality and outcomes of the engagement.

You agree to use the website only for lawful purposes that are consistent with these Terms of Service and in compliance with all applicable federal, state, local, and international laws and regulations. You shall not use the website to transmit, distribute, store, or otherwise make available any content or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of the privacy of another person or entity, or otherwise objectionable. You shall not engage in any activity that could disable, overburden, damage, impair, or interfere with the proper functioning of the website or with the use and enjoyment of the website by any other party or entity. Prohibited activities include, but are not limited to, introducing viruses, worms, Trojan horses, logic bombs, malware, or any other material or technology that is malicious, technologically harmful, or designed to disrupt, damage, or gain unauthorized access to any computer system or data.

You shall not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website. You shall not attack the website via a denial-of-service attack or a distributed denial-of-service attack. Any violation of this provision may constitute a criminal offense under applicable laws, including the Computer Fraud and Abuse Act. McVay HR LLC will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any materials or engaging in any conduct in violation of these provisions.

You further agree not to use the website or our services for any commercial solicitation, promotional activity, or advertising that is unrelated to the services provided by McVay HR LLC, including but not limited to the sending of unsolicited commercial communications, chain letters, or spam. You shall not use any contact information obtained from the website, including email addresses and telephone numbers, for any purpose other than legitimate communication with McVay HR LLC regarding our services. Any harvesting, mining, or collection of email addresses or other contact information from the website for purposes of sending unsolicited commercial messages is expressly prohibited.

7. Confidentiality

In the course of a consulting engagement, McVay HR LLC may receive, access, or become aware of information relating to the business, operations, technology, strategy, financial affairs, personnel, clients, and other matters concerning the client that is designated as confidential or that, given the nature of the information and the circumstances of its disclosure, reasonably should be understood to be confidential. Such confidential information may include, but is not limited to, trade secrets, proprietary business information, technical data, software source code, system architectures, security configurations, financial projections, customer lists, marketing strategies, employee information, and any other information that derives independent economic value from not being generally known to the public. McVay HR LLC agrees to hold all such confidential information in strict confidence and shall exercise the same degree of care to protect the confidentiality of such information that it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care under the circumstances.

McVay HR LLC shall not disclose any confidential information of the client to any third party without the prior written consent of the client, except to those employees, contractors, and agents of McVay HR LLC who have a legitimate need to know such information for the purpose of performing the services and who are bound by confidentiality obligations at least as protective as those set forth herein. We agree to use the confidential information solely for the purpose of providing the services to the client and for no other purpose. The obligations of confidentiality and non-use set forth in this section shall survive the termination or expiration of any consulting engagement and shall continue for a period of five years from the date of termination, or indefinitely with respect to any information that constitutes a trade secret under applicable law, for so long as such information retains its status as a trade secret.

The obligations of confidentiality set forth in this section shall not apply to any information that the receiving party can demonstrate, through competent written evidence, was already known to the receiving party without any obligation of confidentiality at the time of disclosure; is or becomes publicly available through no wrongful act or omission of the receiving party; is rightfully received by the receiving party from a third party without any obligation of confidentiality and without breach of these terms; or is independently developed by the receiving party without use of or reference to the confidential information. In the event that McVay HR LLC is required to disclose confidential information by order of a court, administrative agency, or other governmental body, or by operation of law, we shall, to the extent legally permitted, promptly notify the client of such requirement so that the client may seek a protective order or other appropriate remedy and shall disclose only that portion of the confidential information that is legally required to be disclosed.

8. Disclaimer of Warranties

Your use of the website and its content is entirely at your own risk. The website and all information, content, materials, and services included on or otherwise made available to you through the website are provided by McVay HR LLC on an as is and as available basis, without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, McVay HR LLC and its officers, directors, employees, contractors, agents, affiliates, and licensors expressly disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, system integration, and those arising from a course of dealing, usage, or trade practice.

Without limiting the generality of the foregoing, McVay HR LLC makes no warranty or representation that the website will meet your requirements or expectations; that the website will be available on an uninterrupted, timely, secure, or error-free basis; that any defects or errors in the website or its content will be identified or corrected; that the website or the servers that make it available are free of viruses, malware, or other harmful components; or that the results that may be obtained from the use of the website will be accurate, complete, reliable, or otherwise useful to you. No advice, opinion, or information, whether oral or written, obtained from McVay HR LLC or through the website shall create any warranty or representation not expressly stated in these Terms of Service.

McVay HR LLC disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the website or our services. You assume total responsibility for your use of the website and any linked third-party websites or resources. Your sole remedy against McVay HR LLC for dissatisfaction with the website or any content is to stop using the website or such content. The disclaimer of warranties set forth in this section is a fundamental element of the basis of the bargain between McVay HR LLC and you, and McVay HR LLC would not provide the website or its services without such disclaimers.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, the liability of McVay HR LLC shall be limited to the greatest extent permitted by law. Nothing in these Terms of Service shall affect any statutory rights that you may have as a consumer that cannot be contractually altered, waived, or limited.

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall McVay HR LLC, its officers, directors, members, managers, employees, independent contractors, agents, representatives, affiliates, successors, and assigns be liable to you or to any third party for any indirect, incidental, special, exemplary, punitive, enhanced, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, loss of anticipated savings, business interruption, or any other commercial damages or losses, arising out of or in any way connected with these Terms of Service, your use or inability to use the website or our services, any reliance you place on content or information obtained through the website, or any other matter relating to the website or our services, regardless of the legal theory or basis of liability, whether in contract, tort (including negligence), strict liability, warranty, statute, or otherwise, even if McVay HR LLC has been advised of or should have known of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

Without limiting the foregoing, to the extent that McVay HR LLC is found liable for any damages, claims, or losses arising out of or relating to these Terms of Service, the website, or our services, the aggregate, cumulative, and total liability of McVay HR LLC for any and all claims, whether in contract, tort, or otherwise, shall in no event exceed the greater of one hundred United States dollars (USD $100.00) or the total amount of fees actually paid by you to McVay HR LLC for the specific consulting services giving rise to the claim during the twelve calendar months immediately preceding the event or occurrence giving rise to the claim. The existence of more than one claim shall not enlarge or extend this limitation. You acknowledge and agree that the limitations of liability set forth in this section are reasonable, that they constitute an essential basis of the bargain between you and McVay HR LLC, and that McVay HR LLC would not be able to provide the website or its services on an economically feasible basis without such limitations.

The limitations and exclusions of liability set forth in this section shall apply regardless of the form of action, whether the claim is based on contract, tort (including negligence), strict liability, warranty, statute, or any other legal or equitable theory, and shall apply even if the limited remedies provided herein are found to have failed of their essential purpose. The parties acknowledge that the limitations of liability set forth in this section represent a fair and reasonable allocation of risk between the parties, taking into account the nature of the services provided, the fees charged for such services, and the availability and cost of insurance coverage in respect of the risks inherent in the provision of professional consulting services.

10. Indemnification

You agree to indemnify, defend, and hold harmless McVay HR LLC and its officers, directors, members, managers, employees, independent contractors, agents, representatives, affiliates, successors, and assigns from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses, including without limitation reasonable professional fees (including legal fees and disbursements), arising out of or in connection with any of the following: your use of or access to the website; your breach or violation of any provision of these Terms of Service or the documents they incorporate by reference; your violation of any applicable law, rule, or regulation; your violation of any right of any third party, including any intellectual property right, privacy right, or publicity right; any content, material, or information that you submit, post, transmit, or otherwise make available through the website; any unauthorized use of the website by you or any person using your account or access credentials; or any claim that your use of the website or our services caused damage to a third party.

McVay HR LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You shall not, in any event, settle any claim or matter subject to indemnification under this section without the prior written consent of McVay HR LLC, which consent shall not be unreasonably withheld, conditioned, or delayed. The indemnification obligations set forth in this section shall survive the termination or expiration of these Terms of Service and your use of the website and our services. Your obligation to indemnify and hold harmless McVay HR LLC extends to any claims made by third parties arising from or related to your actions or omissions, regardless of whether such claims have merit.

11. Payment Terms and Fees

The fees, rates, expenses, and payment terms applicable to any consulting engagement shall be as set forth in the written statement of work, engagement letter, or other written agreement executed by the parties. Unless otherwise expressly stated in the applicable agreement, all invoiced amounts are due and payable within thirty calendar days from the date of each invoice. All fees are quoted and payable in United States Dollars (USD). McVay HR LLC reserves the right to modify its standard rates and fee structures upon reasonable prior notice to the client; provided, however, that any change in rates shall apply only to new engagements or to renewals and extensions of existing engagements, and not to work already in progress under an existing statement of work, unless the statement of work expressly provides for rate adjustments.

Late payments shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less, calculated from the original due date until the date payment is received in full. In the event that McVay HR LLC is required to engage collection efforts or legal proceedings to recover unpaid amounts, the client shall be responsible for all reasonable costs and expenses incurred in connection with such efforts, including without limitation collection agency fees, court costs, and reasonable legal fees and expenses. McVay HR LLC reserves the right to suspend or withhold performance of services, including the delivery of any work product, deliverables, or reports, if any invoice remains unpaid beyond its due date, until all outstanding amounts are paid in full.

The client is responsible for the payment of all applicable federal, state, provincial, and local sales, use, value-added, goods and services, excise, and other similar taxes, duties, levies, and governmental charges, however designated, imposed on or in connection with the services provided by McVay HR LLC, excluding only taxes based on the net income of McVay HR LLC. If the client is exempt from any such taxes, the client shall provide McVay HR LLC with a valid and properly executed tax exemption certificate or other documentation acceptable to the relevant taxing authority prior to the commencement of services. All out-of-pocket expenses reasonably incurred by McVay HR LLC in the course of performing the services, including but not limited to travel, lodging, meals, telecommunications, shipping, and materials, shall be reimbursed by the client in accordance with the expense reimbursement policy set forth in the applicable statement of work or engagement letter.

12. Termination

These Terms of Service shall remain in full force and effect while you access or use the website. McVay HR LLC may terminate or suspend your access to or use of the website, in whole or in part, at any time, for any reason or for no reason, without prior notice or liability to you, and in our sole and absolute discretion. Without limiting the generality of the foregoing, we may terminate or suspend your access if we determine, in our sole judgment, that you have breached any provision of these Terms of Service, that your conduct could cause harm or liability to McVay HR LLC or to other users or third parties, or that such action is necessary to protect the integrity, security, or stability of the website or our systems. Upon any termination or suspension, your right to use the website will immediately cease, and we may, without liability, deactivate or delete any accounts or data associated with your use of the website.

With respect to professional consulting engagements, either party may terminate the engagement in accordance with the termination provisions set forth in the applicable statement of work or engagement letter. In the absence of specific termination provisions in the applicable agreement, either party may terminate the engagement for any reason or for no reason upon thirty calendar days prior written notice to the other party. Additionally, either party may terminate the engagement immediately upon written notice if the other party commits a material breach of these Terms of Service or the applicable statement of work and fails to cure such breach within fifteen calendar days after receiving written notice thereof describing the breach in reasonable detail. McVay HR LLC may also terminate the engagement immediately upon written notice if the client fails to make any payment when due and such failure continues for ten calendar days after written notice of non-payment.

Upon termination of a consulting engagement for any reason, the client shall pay McVay HR LLC for all services performed, expenses incurred, and work in progress up to and including the effective date of termination, as well as any non-cancellable commitments made by McVay HR LLC in connection with the engagement. McVay HR LLC shall deliver to the client all completed deliverables and work in progress for which payment has been received, subject to the intellectual property provisions set forth in these terms. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, confidentiality obligations, and limitations of liability. Termination of a consulting engagement shall not affect any rights or obligations that have accrued prior to the effective date of termination.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, controversy, or legal proceeding arising out of or relating to these terms, the website, or our services shall be governed by, construed in accordance with, and enforced under the internal laws of the State of Utah, United States, without giving effect to any choice or conflict of law provision or rule, whether of the State of Utah or any other jurisdiction, that would result in the application of the laws of any jurisdiction other than the State of Utah. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Service or to any transaction or engagement contemplated hereunder.

Any legal action, suit, or proceeding arising out of or relating to these Terms of Service, the website, or our services shall be instituted exclusively in the federal courts of the United States located in the District of Utah or the state courts of the State of Utah located in Cache County, Utah. Each party irrevocably submits to the exclusive personal jurisdiction and venue of such courts in any such action, suit, or proceeding, and waives any objection to the laying of venue in such courts on the grounds of forum non conveniens or otherwise. The parties agree that service of process, summons, notice, or document by certified or registered mail, return receipt requested, to the address set forth in these terms or such other address as a party may designate by notice in accordance with these terms, shall be effective service of process for any action, suit, or proceeding brought in any such court.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. This limitation period shall apply to all claims, whether based in contract, tort, statute, or otherwise. The parties expressly agree that the applicable statute of limitations for any claim arising under these Terms of Service is hereby reduced to a period of one year from the date on which the claim accrues.

14. Dispute Resolution

McVay HR LLC values its relationships with clients and website users and is committed to resolving disputes in a fair, efficient, and amicable manner. In the event of any dispute, claim, question, or disagreement arising out of or relating to these Terms of Service, the website, or our services, whether based in contract, tort, statute, or otherwise, the parties agree to first attempt to resolve the dispute informally through good faith negotiations. The party raising the dispute shall provide the other party with written notice describing the nature and basis of the dispute, the specific relief sought, and any supporting documentation, and the parties shall endeavor, in good faith, to resolve the dispute through direct discussions within a period of thirty calendar days from the date of receipt of the notice.

If the parties are unable to resolve the dispute through direct negotiations within the thirty-day period, either party may, upon written notice to the other party, initiate the applicable legal proceedings in accordance with the governing law and jurisdiction provisions set forth in these terms. Nothing in this section shall be construed to prevent McVay HR LLC from seeking injunctive relief, specific performance, or other equitable remedies from a court of competent jurisdiction to prevent immediate and irreparable harm, including without limitation the unauthorized disclosure or use of confidential information or the infringement of intellectual property rights. The prevailing party in any legal proceeding arising out of or relating to these Terms of Service shall be entitled to recover from the non-prevailing party all reasonable costs and expenses incurred in connection with such proceeding, including without limitation reasonable legal fees and disbursements, expert witness fees, and court costs.

The parties acknowledge and agree that the dispute resolution procedures set forth in this section are a material inducement to McVay HR LLC entering into these Terms of Service and that, but for such procedures, McVay HR LLC would not have agreed to provide access to the website or to offer its consulting services on the terms set forth herein. By using this website or engaging our services, you acknowledge that you have read and understood this dispute resolution provision and agree to be bound by its terms.

15. Force Majeure

McVay HR LLC shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Service or any consulting agreement, for any failure or delay in fulfilling or performing any term or obligation of these terms when and to the extent such failure or delay is caused by or results from acts, events, or circumstances beyond our reasonable control, including but not limited to the following force majeure events: acts of God; natural disasters, including fires, floods, earthquakes, hurricanes, tornadoes, and severe weather events; war, invasion, armed conflict, terrorist acts, or threats of terrorism; civil unrest, riots, insurrections, or rebellions; government orders, laws, regulations, embargoes, blockades, or actions; national or regional public health emergencies, epidemics, pandemics, quarantines, or widespread illness; labor disputes, strikes, lockouts, or other industrial disturbances, whether or not involving our own employees or contractors; power failures, surges, or blackouts; internet service disruptions, outages, or degradation; telecommunications failures; failures, unavailability, or degradation of third-party service providers, cloud platforms, or data centers; transportation disruptions or delays; and shortages or unavailability of necessary equipment, materials, or supplies.

In the event of a force majeure occurrence, McVay HR LLC shall give the other party prompt written notice of the nature and expected duration of the force majeure event and its anticipated effect on our ability to perform our obligations, and shall use commercially reasonable efforts to mitigate the effects of such event and to resume performance as soon as reasonably practicable. The time for performance of any obligation affected by a force majeure event shall be extended by a period equal to the duration of the delay occasioned by the force majeure event. If a force majeure event continues for a period of more than thirty consecutive calendar days, either party may terminate the affected consulting engagement or portion thereof upon written notice to the other party, without liability, except for the obligation to pay for services rendered and expenses incurred prior to the effective date of termination.

16. General Provisions

These Terms of Service, together with our Privacy Policy and any applicable statements of work, engagement letters, or other written agreements executed between the parties, constitute the entire agreement between you and McVay HR LLC regarding the subject matter hereof and supersede and replace all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No amendment, modification, or supplement to these Terms of Service shall be effective unless it is in writing and signed by an authorized representative of McVay HR LLC. The failure of McVay HR LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision, nor shall any waiver of a particular breach be deemed a waiver of any subsequent breach of the same or any other provision. No waiver shall be effective unless it is in writing and signed by the party against whom the waiver is asserted.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving as nearly as possible the original intent and economic effect of the provision. If such modification is not possible, the provision shall be severed from these terms, and the invalidity, illegality, or unenforceability of such provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included herein. The parties further agree that the court making such determination shall have the power to reform the provision to the extent necessary to make it valid, legal, and enforceable and to enforce the provision as so reformed.

The section headings and titles contained in these Terms of Service are for convenience of reference only and shall not be deemed to define, limit, extend, or describe the scope or intent of any provision hereof, nor shall they affect in any way the meaning or interpretation of these terms. The parties agree that these Terms of Service shall be fairly interpreted in accordance with their terms without any strict construction in favor of or against either party, and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these terms. The language of this agreement shall be construed according to its fair meaning and not strictly for or against any party. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The relationship between the parties under these Terms of Service is that of independent contractors, and nothing contained herein shall be construed to create a partnership, joint venture, agency, fiduciary, employment, or any other relationship between the parties. Neither party has the authority to bind or commit the other party in any manner whatsoever, and neither party shall represent to any third party that it has such authority. You may not assign, transfer, delegate, or subcontract any of your rights or obligations under these Terms of Service without the prior written consent of McVay HR LLC, which consent may be withheld in our sole discretion. McVay HR LLC may assign, transfer, or delegate its rights and obligations under these terms at any time without notice or consent. These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

All notices, requests, demands, consents, approvals, and other communications required or permitted under these Terms of Service shall be in writing. Notices to McVay HR LLC shall be sent to the following address: McVay HR LLC, 309 N 100 W APT A, Millville, UT 84326-7831, United States, with a copy by email to reply@mcvayhr.lat. Notices to you may be sent to the email address or physical address you provide to us during the course of your use of the website or in connection with a consulting engagement. Notices shall be deemed given and effective on the date of delivery if delivered personally, on the third business day after mailing if sent by certified or registered mail, return receipt requested, postage prepaid, or on the date of transmission if sent by email during normal business hours on a business day; otherwise, on the next business day following transmission. Either party may change its address for notice by giving notice to the other party in accordance with this provision.

17. Contact Information

If you have any questions, comments, concerns, or inquiries regarding these Terms of Service, the practices of our website, or our professional consulting services, or if you wish to report a violation of these terms or raise a dispute, please feel free to contact us using any of the contact methods listed below. We endeavor to respond to all legitimate inquiries within a reasonable timeframe, typically within two to three business days of receipt. When contacting us, please provide as much detail as possible about your question or concern so that we may address it promptly and effectively.

McVay HR LLC
309 N 100 W APT A
Millville, UT 84326-7831
United States
Email: reply@mcvayhr.lat
Phone: +18352772443
Website: https://www.mcvayhr.lat

We value transparency and open communication with all visitors to our website and all clients who engage our professional services. Your feedback is important to us and helps us continuously improve the quality and clarity of our terms, policies, and service offerings. If you believe that these Terms of Service could be improved or clarified in any respect, we welcome your constructive suggestions. While we cannot guarantee that all suggestions will be adopted, we carefully review and consider all feedback received from users and clients as part of our ongoing commitment to excellence in professional practice and client service.