Last revised: July 22, 2026
By accessing or using the website at https://www.chubbyswestpoint.lat (the Site) operated by Chubbys West Point LLC, a Utah limited liability company (we, us, or our), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not access or use the Site. These terms apply to all visitors, users, and anyone accessing the Site. Your continued use of the Site following any modifications to these Terms constitutes your acceptance of the revised Terms.
We reserve the right to change these Terms at any time without prior notice to you. It is your responsibility to review these Terms periodically for updates. The date of the most recent revision is identified at the top of this page. Any changes will be effective immediately upon posting and will apply to all access to and use of the Site thereafter.
Chubbys West Point LLC provides professional computer systems design, integrated systems engineering, and technical consulting services within the Professional, Scientific, and Technical Services sector. Our services include but are not limited to:
Specific deliverables, timelines, milestones, and fee structures for any engagement are governed by separate Statements of Work (SOWs) or service agreements executed by authorized representatives of both parties. The existence of a SOW does not modify these Terms except as expressly stated in the SOW. In the event of a conflict between these Terms and a duly executed SOW, the SOW shall control with respect to the specific services described therein.
All services are performed by qualified professionals holding relevant certifications and subject-matter expertise. We reserve the right to assign personnel at our discretion, provided they meet the qualifications specified in the applicable SOW. We do not guarantee specific outcomes or business results from our consulting services, as results depend on client cooperation, implementation decisions, and market conditions beyond our control.
All content on this Site -- including text, graphics, logos, design elements, software, code, documentation, white papers, case studies, and any other materials -- is the exclusive property of Chubbys West Point LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful, personal, non-commercial purposes. This license does not include any right to:
With respect to work product created for clients under a SOW, intellectual property ownership and licensing terms shall be defined in the individual SOW. Unless otherwise specified in writing, we retain ownership of all pre-existing materials, tools, methodologies, and frameworks used in the delivery of services, granting the client a perpetual, non-exclusive license to use deliverables solely for their internal business purposes.
By using the Site, you represent and warrant that:
If you are using the Site on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and references to "you" shall include both you as an individual and the organization you represent.
In addition to the obligations set forth above, the following activities are strictly prohibited when using our Site or services:
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
For any service engagement governed by a SOW, the client agrees to:
Delays caused by the client's failure to meet these responsibilities may result in adjusted timelines, additional fees, or other modifications to the engagement. We shall not be liable for delays or failures attributable to the client's non-performance of its obligations.
To the fullest extent permitted by applicable law, Chubbys West Point LLC, its members, managers, officers, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Site or services, including but not limited to:
Our total aggregate liability arising from or related to these Terms or any services provided shall not exceed the total fees actually paid by you to us in the twelve months immediately preceding the event giving rise to the claim. If no fees have been paid, our aggregate liability shall be limited to one hundred dollars ($100.00).
This limitation applies whether the claim is based on contract, tort (including negligence), strict liability, breach of statutory duty, or any other legal theory, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
The Site and all services, content, materials, information, and deliverables are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to:
Your use of the Site and any services is at your sole risk. We do not guarantee, represent, or warrant that your use of the Site or services will meet your requirements or expectations. No oral or written advice or information obtained from us shall create any warranty not expressly stated in these Terms.
You agree to indemnify, defend, and hold harmless Chubbys West Point LLC, its members, managers, officers, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, actions, suits, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall cooperate fully with us in asserting any available defenses. You shall not settle any claim subject to indemnification without our prior written consent.
Project-based services are governed by separate Statements of Work executed by both parties, which shall specify the scope, fees, payment schedule, and deliverables for the engagement. Retainer engagements operate on monthly billing cycles with fees invoiced in advance unless otherwise specified. The following general payment terms apply to all engagements unless modified in a SOW:
| Term | Detail |
|---|---|
| Standard Billing | Time and materials or fixed fee, as specified in the SOW |
| Invoice Due Date | Net 30 days from the invoice date, unless otherwise stated |
| Late Payment Interest | 1.5% per month (18% per annum) on outstanding balances |
| Expense Reimbursement | Pre-approved travel and incidental expenses invoiced at cost |
| Taxes | Client is responsible for all applicable sales, use, and other taxes |
| Billing Disputes | Must be raised in writing within 15 days of invoice receipt |
We reserve the right to suspend or terminate services if payment is not received within fifteen days past the due date. Suspension of services does not relieve the client of payment obligations for services already rendered or expenses already incurred. Returned checks and chargebacks will incur a service fee of $35.00 per occurrence in addition to any amounts due.
During the course of our business relationship, both parties may disclose or exchange confidential, proprietary, or trade secret information (Confidential Information). Each party agrees to:
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession without restriction prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is rightfully obtained by the receiving party from a third party without restriction on disclosure.
If a receiving party is legally compelled to disclose Confidential Information by court order, subpoena, or regulatory requirement, it shall provide the disclosing party with prompt written notice, if legally permissible, to allow the disclosing party to seek a protective order or other remedy.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection and use of personal data as described in the Privacy Policy. Key data handling principles include:
For clients subject to specific regulatory frameworks (e.g., HIPAA, PCI DSS, GDPR), additional data processing terms may be negotiated and incorporated into the applicable SOW. We do not assume any obligation beyond those expressly stated in writing.
Our Site may contain links to third-party websites, services, applications, or resources that are not owned or controlled by Chubbys West Point LLC. These links are provided for convenience only. We do not endorse, and we are not responsible for, the content, products, services, privacy practices, or any other aspect of these third-party resources.
Accessing and using any third-party websites, services, or resources is entirely at your own risk. We encourage you to review the terms of service and privacy policies of any third-party sites you visit. Any transactions, dealings, or interactions you have with third parties found through our Site are solely between you and the third party. We shall not be liable for any loss or damage arising from your dealings with such third parties.
We reserve the right to engage qualified subcontractors and independent contractors to assist in the delivery of services, provided that:
Our engagement of subcontractors does not relieve us of our obligations under these Terms or any applicable SOW. All subcontractor agreements shall be in writing and shall flow down the relevant terms and conditions from our agreement with the client.
During the term of any service engagement and for a period of twelve months following its termination, each party agrees not to directly or indirectly solicit, recruit, or hire any employee or independent contractor of the other party who was materially involved in the delivery or receipt of services under a SOW, without the other party's prior written consent. This restriction does not apply to:
In the event of a breach of this provision, the breaching party shall pay to the non-breaching party liquidated damages equal to fifty percent (50%) of the hired individual's annualized compensation, which the parties agree is a reasonable estimate of the damages resulting from such breach and not a penalty.
Our services and any related technical data, software, or deliverables may be subject to United States export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). You agree to comply with all applicable export and import laws and regulations and shall not:
You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. economic sanctions. We may suspend or terminate services without liability if we determine that continued provision would violate applicable export control laws.
We reserve the right to suspend or terminate your access to the Site at any time, with or without cause, and with or without prior notice, for any breach of these Terms or conduct that we determine, in our sole discretion, to be harmful to our operations, users, business interests, or reputation.
For service engagements governed by a SOW, termination procedures shall be as specified in the SOW. Unless otherwise provided:
Sections that by their nature should survive termination shall survive, including without limitation: Intellectual Property (Section 3), Limitation of Liability (Section 7), Disclaimer of Warranties (Section 8), Indemnification (Section 9), Confidentiality (Section 11), Governing Law (Section 20), and Dispute Resolution (Section 21).
We maintain commercial general liability insurance, professional liability (errors and omissions) insurance, and workers' compensation insurance as required by law. Upon written request, we shall provide certificates of insurance evidencing coverage. Additional insured endorsements, increased coverage limits, or specific policy requirements may be negotiated and documented in the applicable SOW.
We require that any subcontractors engaged in the delivery of services maintain insurance coverage appropriate to the nature and scope of their work. We make no representation that our insurance policies will cover any particular loss or claim arising from an engagement. Clients are encouraged to maintain their own insurance coverage appropriate to their business needs and risk profile.
Neither party shall be held liable for any delay or failure in performance caused by circumstances beyond their reasonable control and not attributable to their fault or negligence (a Force Majeure Event). Such events include, but are not limited to:
The affected party shall notify the other party within five business days of the occurrence of a Force Majeure Event, describing the event and its anticipated impact on performance. During the Force Majeure Event, the affected party shall use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable. If a Force Majeure Event continues for more than sixty days, either party may terminate the affected SOW without liability, subject to payment for services rendered prior to the event.
These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Utah and applicable United States federal law, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the state or federal courts located in Utah County, Utah, and each party irrevocably consents to the personal jurisdiction and venue of such courts.
The prevailing party in any litigation, arbitration, or other proceeding arising from these Terms shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party, in addition to any other relief to which it may be entitled.
The parties recognize that disputes may arise in the course of their relationship. Both parties agree to resolve disputes in a spirit of cooperation and in accordance with the following procedures:
By using the Site or engaging our services, you consent to receive electronic communications from us, including but not limited to:
You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions provided in such communications or by contacting us directly. Service-related and legal communications cannot be opted out of while you maintain a business relationship with us.
These Terms of Service, together with our Privacy Policy, any Statements of Work, service agreements, non-disclosure agreements, and any other policies or agreements referenced herein or executed between the parties in writing, constitute the entire agreement between you and Chubbys West Point LLC regarding your use of the Site and services, superseding all prior or contemporaneous oral or written agreements, communications, representations, and proposals between the parties concerning the subject matter hereof.
No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Chubbys West Point LLC. Any terms or conditions contained in any purchase order, invoice, or other document issued by you that are inconsistent with or in addition to these Terms are expressly rejected and shall be of no force or effect.
We reserve the right to modify, amend, or replace these Terms at any time in our sole discretion. Material changes will be communicated through our Site or via email to registered users. Your continued use of the Site after any modifications are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease using the Site immediately.
We encourage you to review these Terms periodically for any updates or changes. The date of the most recent revision is identified at the top of this page. We may also, at our discretion, require you to explicitly consent to material changes as a condition of continued access to certain features or services.
Our failure or delay in exercising or enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, shall be deemed to be a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver must be in writing and signed by an authorized representative of Chubbys West Point LLC to be effective.
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.
You may not assign or transfer your rights or obligations under these Terms to any other person or entity without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. We may assign or transfer our rights and obligations under these Terms at any time without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Nothing in these Terms or any SOW shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between the parties. Both parties are independent contractors. Neither party has the authority to bind the other party to any agreement with a third party or to incur any obligation or liability on behalf of the other party without the other party's prior written consent.
Each party is solely responsible for its own employees, contractors, and agents, including the payment of compensation, benefits, taxes, and insurance. Nothing in these Terms shall be construed to create any third-party beneficiary rights in any person or entity not a party to these Terms.
Chubbys West Point LLC
870 N 300 E
Pleasant Grove UT 84062
United States (US)
Email: team@chubbyswestpoint.lat
Phone: +14252672075
For questions about these Terms of Service, please contact us using the information above. We aim to respond to all inquiries within one business day. For formal legal notices, please send correspondence to the mailing address listed above with a copy via email. Notices shall be deemed effective upon receipt when delivered personally, three business days after mailing by certified or registered mail, or upon confirmed receipt when sent by email.