Terms of Use_

These Terms of Use govern your use of https://www.leviathansystems.co and its public content (the “Site”). The Site is operated by Leviathan Systems Group LLC, a Delaware limited liability company (“Leviathan Systems,” “we,” “us” or “our”).

These Terms of Use (the “Terms”) apply to the Site’s public pages, publications, technical resources and tools. By accessing or using the Site, you agree to the Terms. If you do not agree, do not use the Site. If you use the Site on an organization’s behalf, you represent that you are authorized to bind that organization; “you” includes that organization where the context requires. Our Privacy Policy describes personal information handling, and our Cookie Policy describes analytics and embedded services. Those notices do not replace a consent or other authorization required by applicable law.

The Site describes physical IT infrastructure services, including customer-supplied equipment installation, rack-and-stack, structured cabling, remediation, project-defined physical planning and CAD documentation, and agreed physical verification.

Services are provided only under a written agreement accepted by authorized representatives of both parties (an “Engagement Agreement”). An Engagement Agreement may include a master services agreement, statement of work and expressly incorporated documents. Those documents determine their own order of precedence and govern the scope, deliverables, acceptance, price, schedule, warranties, confidentiality, insurance, liability and dispute procedures for the engagement. These Terms do not supplement or amend them.

Liquid-side cooling work, materials procurement or resale, licensed professional engineering, facility electrical or structural work, rigging and full software commissioning are outside the standard offer. Formal testing requires confirmation of the method, instruments, personnel and acceptance criteria. A description of a platform or standard is not a certification, an OEM authorization or a commitment to perform a particular task.

Website content and inquiries are not binding offers. An email draft, conversation or booking does not confirm project acceptance, availability, mobilization or permission to enter a facility. Neither use of the Site nor an exchange of preliminary information creates a services engagement, agency or other authority to act on another party’s behalf.

Articles, guides, glossary entries, platform references, diagrams and calculators provide general information. They are not site-specific engineering advice, approved installation instructions, a safety plan or a substitute for current OEM documentation and qualified review.

Technical information and estimates depend on the identified equipment, source material, inputs and assumptions. They may be incomplete, change over time or be unsuitable for a particular facility. Verify equipment compatibility, facility limits, procedures and acceptance criteria with the responsible OEM, facility operator and qualified project personnel before acting. Publication does not establish that Leviathan has completed a deployment or can provide every discipline discussed.

A calculator output, indicative schedule, example design or published specification is not a quotation, performance warranty or agreed acceptance criterion. No equipment should be installed, energized or operated solely in reliance on a public resource. Project requirements must be established through the Engagement Agreement and the responsible project authorities.

Subject to these Terms, you have a limited, nonexclusive permission to use public resources to evaluate our services and for lawful internal business or personal reference. You may download or print reasonable portions and share limited excerpts for those purposes, retaining source attribution and proprietary notices. Search engines and AI assistants may access and index public pages, quote limited excerpts and summarize them with attribution and a source link, subject to published access controls and applicable law.

You must not:

• Use the Site unlawfully, impersonate another person or submit information you are not authorized to share.
• Attempt unauthorized access, bypass security controls, distribute malicious code or disrupt availability through abusive requests.
• Misrepresent our content, branding, qualifications, project availability or a relationship with us.
• Republish substantial portions of the Site, sell copies or remove proprietary notices without permission, except where applicable law permits it.

These permissions do not authorize substantial republication, resale or distribution of modified content without our written permission, except as otherwise permitted by law or an express separate license. Public access does not authorize an agent to send an inquiry, accept contractual terms for someone else, make a booking or access private systems without its user’s authority.

Site content is owned by Leviathan Systems or used under the rights of its respective owners. Except for the limited public uses above and rights available under applicable law, all rights are reserved. Any separate permissions we expressly publish for public content also apply; they do not extend to private or third-party materials. No license to our trademarks or proprietary project materials is granted.

Manufacturer names, product names and third-party marks belong to their owners. Their appearance identifies equipment or source material and does not imply sponsorship, partnership, certification or endorsement.

Provide accurate business contact and high-level project information. An email link opens your email application; you must send the message for an inquiry to reach us. Cal.com handles calendar requests through its own booking flow.

You retain your rights in materials you provide. By submitting them, you authorize us to receive, review and use them as reasonably needed to respond to the request and discuss the proposed engagement, subject to applicable privacy law and any binding confidentiality obligation. This does not transfer ownership or authorize public use of your name, logo or project materials.

Do not send credentials, restricted drawings, customer datasets or security-sensitive facility information through public inquiry or booking channels. Arrange an appropriate secure exchange and any required nondisclosure agreement first. An inquiry does not itself create an NDA. Existing signed confidentiality obligations continue to apply.

Links, embedded booking services and third-party resources operate under their own terms and privacy notices. We do not control their availability or content. A link does not mean we endorse the provider or guarantee its information. Our responsibilities for personal information remain as described in the Privacy Policy and applicable law.

The Site may change or be suspended for maintenance, security or other operational reasons. We may restrict access that violates these Terms or threatens the Site. We do not undertake to maintain a particular publication or feature indefinitely. Access restrictions do not extinguish accrued rights or obligations under an Engagement Agreement.

To the extent permitted by law, the Site and public content are provided “as is” and “as available,” without express or implied warranties, including merchantability, fitness for a particular purpose and noninfringement. We do not guarantee that the Site is complete, current, error-free, uninterrupted or free of harmful code.

These website disclaimers do not alter warranties or obligations in an Engagement Agreement or exclude rights that cannot lawfully be excluded.

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or loss of profits, revenue, data, goodwill, business opportunity or anticipated savings, arising out of or relating to the Site or these Terms, even if advised that such loss may occur.

Our total aggregate liability arising out of or relating to the Site or these Terms will not exceed the greater of (a) amounts you paid us specifically to access the Site during the twelve months before the event giving rise to the claim and (b) US $100. Fees for project services are not fees for Site access. The exclusions and cap apply regardless of the form of action, including contract, tort or statute, to the extent permitted by law.

The exclusions and cap do not apply to our fraud, gross negligence or willful misconduct, or to any liability, remedy or right that applicable law does not permit us to exclude or limit. These Terms do not limit liability arising under an Engagement Agreement or override an existing confidentiality obligation.

To the extent permitted by law, you agree to indemnify, defend and hold harmless Leviathan Systems and its officers, members, managers, employees and agents from third-party claims, losses and reasonable legal expenses to the extent arising from your unlawful misuse of the Site, violation of another person’s rights or submission of materials you are not authorized to share. This provision does not cover our own negligence or misconduct.

We will give you reasonably prompt notice of a claim for which we seek indemnification; a delay relieves your obligations only to the extent it materially prejudices the defense. You may control the defense using counsel reasonably acceptable to us. We will provide reasonable cooperation at your expense and may participate through our own counsel at our expense. You may not settle a claim in a way that admits fault on our part, imposes a nonmonetary obligation on us or fails to release us from the claim without our prior written consent, which we will not unreasonably withhold.

These Terms are governed by Delaware law, without regard to conflict-of-law rules, subject to any mandatory protections that apply to you.

Informal resolution

Before formal proceedings, the parties agree to try good-faith negotiation for thirty days after written notice of a website dispute. Send notice to info@leviathansystems.co, identifying the parties, relevant facts and relief requested. This process does not prevent a timely filing to preserve a claim or a request for urgent relief permitted below.

Binding arbitration

Except as provided below, a dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) before one arbitrator. The Federal Arbitration Act governs this arbitration provision. The AAA Commercial Arbitration Rules apply, except that the AAA Consumer Arbitration Rules and their fee protections apply where the AAA determines they govern the dispute. Rules and filing information are available at adr.org.

The place of arbitration is Delaware, subject to any applicable consumer rule or mandatory law requiring another location. Remote or documents-only proceedings may be used as the applicable rules allow. Fees and costs are allocated under those rules and applicable law; nothing here reduces a mandatory fee protection. The arbitrator must issue a reasoned written award and may grant relief available under applicable law. A court with jurisdiction may enter judgment on the award. Arbitration ordinarily replaces a court trial, including a jury trial, and judicial review of an award is limited.

Individual claims and exceptions

To the extent permitted by law, each party may bring claims only in its individual capacity, rather than as a plaintiff or class member in a class, consolidated or representative proceeding.

Either party may bring an eligible individual claim in small claims court. A court with jurisdiction, rather than an arbitrator, decides whether an agreement to arbitrate was formed and whether this arbitration provision or the individual-claims restriction is enforceable.

Either party may seek temporary or preliminary relief in a court of competent jurisdiction to protect intellectual property or information covered by a confidentiality obligation, without waiving arbitration of the underlying dispute. If the AAA declines to administer a dispute, or an applicable arbitration restriction cannot lawfully be enforced, the affected dispute may proceed in court. No class arbitration is authorized by these Terms.

Subject to the small claims and interim-relief exceptions and any mandatory right to another forum, court proceedings concerning the Site or these Terms must be brought in the state or federal courts in Delaware, and each party submits to their jurisdiction. This section does not restrict a right to complain to a regulator. Engagement Agreements govern disputes about the relevant services.

We may update these Terms and will publish the revised text and date on this page. Unless otherwise stated, revisions apply to future use from that date, subject to any notice or agreement required by law. Revisions do not amend an Engagement Agreement or an existing NDA. Where notice or agreement is required by law, we will follow those requirements.

These Terms and any additional terms expressly applicable to a Site feature govern use of the Site. Engagement Agreements and NDAs remain separate. If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. A failure to enforce a provision is not a waiver. You may not assign these website terms without our written consent. We may assign them in connection with a business transfer, subject to applicable law and your mandatory rights.

Provisions concerning ownership, accrued liabilities, indemnification, dispute resolution and provisions that by their nature are intended to continue survive the end of Site access. Changes to dispute provisions do not apply to claims arising before the revision’s effective date. Contact details on the Site do not replace formal service of legal process required by law.