1. LTT Partners LLC (“Company”) provides installation, project management, electrical, and other services ("Services") pursuant to a written work order. Services may be provided by third parties, including electrical and installation services ("Third Party Services"). Each statement of work or work order (“Statement of Work”) hereby incorporates these terms of service (“Terms”) and constitutes a separate agreement with respect to the Services performed. Company, or any of its Affiliates on behalf of Company, may execute a Statement of Work. In the event of an addition to or a conflict between any term or condition of the Statement of Work and these Terms, these Terms will control except as expressly amended in the applicable Statement of Work. Each such amendment will be applicable only with respect to such Statement of Work and not to future Statements of Work. Changes to the scope of the Services described in a Statement of Work will be made only in a writing executed by authorized representatives of both parties. Company will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both parties. All such
changes to the scope of the Services will be governed by these Terms and the applicable Statement of Work. In the case of Third Party Services, the party receiving the Services (“Customer”) shall consider the third party to be the contracting party and the third party shall be the party responsible for providing the services to the Customer and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services.
Customer and Customer’s Affiliates hereby release Company and Company’s Affiliates from any and all claims arising from or relating to the purchase or provision of any such Third Parties Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by Company will be collected solely in the capacity as an independent sales agent. "Affiliate" means, with respect to a party, an entity that controls, is controlled by, or is under common control with such party.
2. Billing and Payment. Company shall submit invoices to Customer that detail the Services provided to Customer pursuant to a Statement of Work. Unless otherwise specified in the applicable Statement of Work, the following terms shall apply: Invoicing. Customers shall be invoiced after the completion of each site/location for said site/location. Customer shall pay all invoices within 15 days of the invoice date. Customer shall make all payments hereunder by wire transfer, ACH, or cashiers check and in US dollars. Customer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Customer shall reimburse Company for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. No Setoff. Customer shall not, and acknowledges that it shall have no right, under this Agreement, any other agreement, document or law, to withhold, offset, recoup or debit any amounts owed (or to become due and owing ) to Company or any of its Affiliates, whether under this Agreement or otherwise, against any other amount owed (or to become due and owing) to it by Company or its affiliates, whether relating to Company's or its Affiliates' breach or non-performance of this Agreement or any other agreement between Customer or any of its Affiliates, and Company or any of its Affiliates, or otherwise.
3. Company warrants that the Services will be performed in a good and workmanlike manner. Customer's sole and exclusive remedy and Company's entire liability with respect to this warranty will be, at the sole option of Company, to either (a) use its reasonable commercial efforts to reperform or cause to be reperformed any Services not in substantial compliance with this warranty or (b) refund amounts paid by Customer related to the portion of the Services not in substantial compliance; provided, in each case, Customer notifies Company in writing within thirty (30) days after performance of the applicable Services.
EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT EXPRESSLY AMENDS COMPANY'S WARRANTY, AND SUBJECT TO APPLICABLE LAW, COMPANY MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NON-INFRINGEMENT) ARISING OUT OF OR RELATED TO THE PERFORMANCE OR NON PERFORMANCE OF
THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY RELATING TO THIRD PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT NO REPRESENT-ATIVE OF COMPANY OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENT-ATION OR WARRANTY ON BEHALF OF COMPANY OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMEND-ING COMPANY'S WARRANTY.
Company will not be responsible for and no liability shall result to Company or any of its Affiliates for any delays in delivery or in performance which result from any circumstances beyond Company’s reasonable control, including, but not limited to, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems,
acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Company or any purported deadlines contained in a Statement of Work or any other document are estimates only. The Services may include selection of products, advice regarding placement, systems integration, and other professional advice. Company offers no warranty of any kind relating to Customer’s needs, and Customer cannot rely on Company’s or Company Affiliate’s recommendation as being applicable to Customer’s needs. Company expressly disclaims all liability for foreseeable harms, including without limitation theft and damage, resulting from security systems that are inoperable, not placed to observe the harm, or not monitored.
4. Company may perform the Services at Customer's place of business, at Company’s own facilities or such other locations as Company and Customer deem appropriate. When the Services are performed at Customer's premises, Company will attempt to perform such Services within Customer's normal business hours unless otherwise jointly agreed to by the parties. Customer will also provide Company access to Customer's staff and any other Customer resources (and when the Services are provided at another location designated by Customer, the staff and resources at such location) that Company determines are useful or necessary to provide the Services. When the Services are provided on Customer's premises or at another location designated by Customer, Customer agrees to maintain adequate insurance coverage to protect Company and Customer's premises and to indemnify and hold Company and its Affiliates, and its and their agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys' fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than solely as a result of Company’s gross negligence or willful misconduct.
5. Either party may terminate performance of a Service or a Statement of Work for cause if the other party fails to cure a material default in the time period specified herein. Any material default must be specifically identified in a written notice of termination. After written notice, the notified party will, subject to the provision of warranties herein, have thirty (30) days to remedy its performance except that it will only have ten (10) days to remedy any monetary default. Failure to remedy any material default within the applicable time period provided for herein will give cause for immediate termination, unless such default is incapable of being cured within the time period in which case the defaulting party will not be in breach (except for Customer’s payment obligations) if it used its reasonable efforts to cure the default. In the event of any termination of the Services or a Statement of Work, Customer will pay Company for all Services performed and expenses incurred up to and including the date of termination plus any termination fee if one is set forth in the applicable Statement of Work. In such event Customer will also pay Company for any out-of-pocket demobilization or other direct costs resulting from termination. Upon termination, all rights and obligations of the parties under this Agreement will automatically terminate except for any right of action occurring prior to termination, payment obligations and obligations that expressly or by implication are intended to survive termination (including, but not limited to, limitation of liability, indemnity, confidentiality, or this survival provision).
6. Company will not be responsible for and no liability shall result to Company or any of its Affiliates for any delays in delivery or in performance which result from any Third Party Services. Company (and its employees and agents) shall provide the Services as an independent contractor. Nothing in these terms is intended nor shall be interpreted as creating an employer-employee, partnership, or joint venture relationship between Customer and Company or Customer and any of Company’s or its Affiliate’s employees or agents.
7. SMS Terms of Service Policy
a. Introduction
By opting in to receive SMS messages from LTT Partners LLC, you agree to abide by the following terms and conditions. Please read these terms carefully before opting in to receive SMS messages. If you do not agree with any of these terms, please do not opt in to receive SMS messages from us.
b. Opt-In Consent
By providing your mobile phone number and opting in to receive SMS messages from LTT Partners LLC, you consent to receive text messages, including promotional messages, alerts, and notifications, sent by LTT Partners LLC to the provided mobile number. You also consent to the use of automated technology to send these messages.
c. Message Frequency
Message frequency may vary depending on the type of messages you have opted in to receive. While LTT Partners LLC strives to provide valuable and relevant information to its users, message frequency may increase during promotional periods or special events.
d. Message Content
Messages sent by LTT Partners LLC may include, but are not limited to, promotional offers, product updates, event notifications, surveys, and alerts. Message content may vary and is subject to change without prior notice.
e. Data and Messaging Rates
Standard message and data rates may apply to SMS messages sent and received. Message frequency may vary. Please consult your mobile service provider for details regarding your messaging and data plan.
f. Opt-Out Instructions
You may opt out of receiving SMS messages from LTT Partners LLC at any time by texting "STOP" in reply to our message. You will receive a confirmation message upon successful opt-out. After opting out, you will no longer receive SMS messages from LTT Partners LLC, except for messages required by law.
g. Privacy Policy
Your privacy is important to us. Please refer to our Privacy Policy https://www.lttpartners.com/pages/ltt-partners-privacy-policy for information on how we collect, use, and protect your personal information.
h. Contact Information
If you have any questions or concerns regarding our SMS Terms of Service Policy, please contact us using here https://www.lttpartners.com/pages/contact.
i. Changes to Terms
LTT Partners LLC reserves the right to modify or update these SMS Terms of Service at any time. Any changes will be effective immediately upon posting the revised terms on our website. Your continued use of our SMS services after any such changes constitutes your acceptance of the revised terms.
8. Governing Law. The validity, interpretation and performance of this Agreement, as well as the rights and duties of the Parties, shall be determined pursuant to and in accordance with the laws of the State of Oregon. Any action arising out of or related to this Agreement, shall be brought in the appropriate state court sitting in Multnomah County, Oregon and the Parties submit to the jurisdiction of such court.
9. Insurance. Both LTT and Customer agree to maintain general liability and workers compensation insurance for the term of this Agreement.
10. Severability. If any part, term, or provision of this Agreement is held invalid or unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated.
11. Assignment. Neither Party may assign, transfer or sell its rights or obligations under this Agreement without receiving the prior written consent of the other Party and such consent shall not be unreasonably withheld or delayed.
12. Waiver of Breach. No waiver or delay in enforcement of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party.
BY VISITING AND USING THE SITE YOU AGREE THAT YOUR VISIT, AND ANY DISPUTE OVER OUR ONLINE PRIVACY PRACTICES, IS GOVERNED BY THIS PRIVACY POLICY.
TYPES OF INFORMATION WE COLLECT.
We use the information gathered to better understand your needs, to improve the contents of our web pages and to monitor technical performance of our network. The information we gather falls into two categories: (1) information voluntarily supplied by users to the Site through optional registration; and (2) other information gathered as users navigate through the Site.
Information You Provide To Us.
We may collect and store information, personal or otherwise, that you voluntarily supply either while using our Site or in responding via email in connection with a feature provided on our Site. Some examples of this type of information include demographic information and personal information (such as your name or email address) that you electronically submit to us for purposes such as registration for certain features on our Site, signing up for email newsletters or posting comments on message boards or any public posting areas on our Site. We may also ask for information (including a credit card number) from users who make a purchase or conduct other transactions on our Site. The information supplied helps us to provide the product or service requested, offer you more personalized features, and tailor the Site to your interests. Supplying such information is entirely voluntary. However, if you choose not to supply information requested, we may be unable to provide you with services offered to users of the Site.
Other Information.
We also may collect and store information that is generated automatically as you navigate through our Site. For example, we employ a standard feature of browser software called a "cookie" to assign each user a unique, random number that resides on a user's computer. The cookie does not personally identify the user; it merely identifies the computer with which the user accesses the Site. Unless a user voluntarily identifies himself or herself (through user registration, for example), the Site will not be able to ascertain the identity of the user, even if a cookie is assigned to a user's computer. The only personal information a cookie can contain is information supplied by a user. By showing how and when visitors use the Site, cookies help track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information previously. Of course, you are free to set your web browser to disable cookies or otherwise limit the information we collect; however, if you do so it may render your computer unable to take advantage of the personalized features enjoyed by other users of the Site.
We also may use web beacons and other methods to access cookies and to count users who visit our Site or open our HTML-formatted email messages. Our Site's servers automatically collect limited information about your computer's connection to the Internet, including your IP address. The IP address is a number that lets computers attached to the Internet know where to send data such as the web pages users view. An IP address does not personally identify a user. We use this information to deliver the Site's content to you upon request and to measure traffic within the Site.
We may use cookies, web beacons and similar technologies to collect non-personally identifiable information about users of our Site and about activity that occurs within our Site, and we may use this information to, among other things, serve targeted information on our Site. The information collected allows us to analyze how users use the Site and to track user interests, trends and patterns.
HOW WE USE AND SHARE YOUR INFORMATION.
We use the information we collect in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and sponsors, for a variety of purposes.
Our Use of Information.
The information we gather and collect enables us to provide the Site and to help you partake of our services. You agree that we may use your information to:
- contact you for customer service purposes
- contact you to inform you of important changes or additions to our Site or the services offered over our Site
- to send you administrative notices, offers and any other communications that we believe may be of interest to you
- operate, improve and maintain our products and services, including analyzing user behavior, and
- administer promotions, provide features and display relevant content to you.
You may withdraw your permission and prevent our use of your information by contacting us using the contact information below.
Information We Share.
You consent to our sharing of information for the purposes described below:
1) Service Providers and Contractors:
We reserve the right to disclose to service providers and contractors all of the information that we collect online about you and other visitors to conduct business on our behalf. These activities could include processing payments, maintaining this Site, and providing business services to us or to you.
2) By Law or to Protect Rights:
We may disclose information when we believe that disclosure is necessary to comply with the law, to enforce our intellectual property rights, or to protect the rights, property or safety of us and our employees, and if necessary to defend against third-party claims. We may also disclose information when requested to comply with a court order, investigation, or governmental request.
3) Business Transfers:
If we go through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of our assets, you acknowledge and consent to the transfer of your information. You further acknowledge and consent to the continued use of your information by the recipient so long as they comply with this Privacy Policy.
4) With Your Consent:
We may share information when you provide us with your consent to do so. This may occur when you consent affirmatively or it may occur through your use of the Site as provided in this Policy. For instance, when you request information or services from our affiliates, partners, service providers, or other third parties through us, or when you post information to our Site, you provide your consent for us to share that information with others.
5) We Won’t Sell your Information:
We will not share your personal information with any third party who is not affiliated with us except as described in this privacy policy. We don’t like spam any more than you do and we will not share your personal information to be used for the purpose of sending you unsolicited commercial offers.
Please bear in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example through emails - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information that you disclose.
MODIFYING YOUR INFORMATION AND OPTING OUT.
If you share information with us, you will have the opportunity to review, update, change or delete the information you have provided to us (and that we continue to store) at any time. Please contact us by phone, email, or postal mail using the information below to effect changes.
STORAGE OF INFORMATION.
All information gathered on our Site is stored within a database or databases accessible only by us and our service partners. We will use industry standard measures, including encryption where appropriate. However, as effective as the reasonable security measures we implement may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet. Our servers are based in the United States, so your personal information will be hosted and processed by us in the United States.
ONLINE TRACKING.
We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services (unless otherwise stated in a service-specific privacy statement).
SMS POLICY
This can be found in Section 7 of our Terms of Service Agreement found here: https://www.lttpartners.com/pages/terms-of-service
ADDITIONAL INFORMATION ABOUT US.
The Site is not intended or directed to children under the age of 13 and we will not knowingly maintain personally identifiable information from or about anyone under 13. If it comes to our attention that we have collected personal data from such a person, we may delete this information without notice. If you have reason to believe that this has occurred, please contact us at the contact information listed at the end of this Privacy Policy.
CHANGES TO THIS POLICY.
The Internet and relevant state and federal law is always evolving. We may modify this Privacy Policy at any time. If we need to change this Privacy Policy at some point in the future, we'll post the modified Privacy Policy on this Site and update the Effective Date of the policy to reflect the date of the changes. If you are concerned with how your information is used you should check this webpage periodically. If we determine the changes are material, we may provide you with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
ADDITIONAL PRIVACY QUESTIONS?
If you have any questions or concerns about this Privacy Policy, please contact us via email at support@lttpartners.com, or by mail to:
LTT Partners, LLC
2175 NW Raleigh st. ste #110
Portland, OR 97210
Updated: 03.04.2021