Introduction and Acceptance of Terms
Welcome to MTR MARKETING INC. These Terms of Service (the Terms) constitute a legally binding agreement between you, whether personally or on behalf of an entity (you or your), and MTR MARKETING INC., a company registered in the United States with its principal place of business at 7622 S 620 W, Willard, UT 84340-9520 (the Company, we, us, or our). These Terms govern your access to and use of the website located at https://www.mtrmarket.lol (the Website), as well as any related services, applications, tools, content, and features provided by the Company (collectively, the Services).
By accessing, browsing, or using the Website or Services in any manner, including by submitting a contact form, requesting a consultation, engaging our professional services, or otherwise interacting with our digital platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you are expressly prohibited from using the Website and Services and must discontinue use immediately.
We reserve the right, in our sole discretion, to modify, update, or replace these Terms at any time. When we make changes, we will revise the Last Updated date at the top of this page and, for material changes, provide additional notice as described in the Modifications to the Terms section below. It is your responsibility to review these Terms periodically. Your continued use of the Website or Services after any modification constitutes your acceptance of the revised Terms.
The Company operates within the Computer Systems Design and Related Services industry, which falls under the broader Professional, Scientific, and Technical Services sector. Our industry peers include firms across Accounting, Tax Preparation, Bookkeeping, and Payroll Services, Advertising, Public Relations, and Related Services, Architectural, Engineering, and Related Services, Legal Services, Management, Scientific, and Technical Consulting Services, Scientific Research and Development Services, and Specialized Design Services. The nature of our work involves the analysis, design, integration, and management of complex information technology systems.
Definitions and Interpretation
For the purposes of these Terms, the following words and phrases shall have the meanings set forth below, unless the context clearly indicates otherwise. Capitalized terms not defined in this section shall have the meanings ascribed to them elsewhere in these Terms.
Agreement means these Terms of Service together with any documents expressly incorporated by reference, including the Privacy Policy, any applicable Statements of Work, and any Service Level Agreements entered into between the parties.
Content means any information, text, graphics, images, audio, video, data, code, software, and other materials that may be viewed on, transmitted through, or submitted to the Website or Services.
User means any individual or entity that accesses or uses the Website or Services, including visitors who browse the site without submitting information, individuals who complete contact forms, and clients who engage our professional services.
User Content means any Content that a User submits, uploads, publishes, displays, or otherwise transmits through the Website or Services, including but not limited to contact form submissions, project descriptions, technical specifications, and communications.
Statement of Work or SOW means a separate written document that describes the specific professional services to be performed, deliverables, timelines, fees, and other terms applicable to a particular engagement between the Company and a client.
Eligibility and Account Registration
By using the Website and Services, you represent and warrant that you are at least eighteen years of age and have the legal capacity to enter into a binding contract. If you are accessing the Website or Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, you and your shall refer to that entity.
While our Website does not currently require user account registration for general browsing or contact form submission, certain Services or project collaboration tools may require the creation of an account. If you create an account, you agree to provide accurate, current, and complete information during the registration process and to update that information promptly if it changes. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or Services, or for any termination of your access to the same.
Description of Services
MTR MARKETING INC. provides professional services in the field of computer systems design and related services. Our service offerings include but are not limited to the following categories, each of which may be described in greater detail in a separate Statement of Work or service agreement.
Systems Design and Architecture
We analyze business requirements and design comprehensive system architectures that address scalability, security, reliability, and performance. Our architectural services cover network topology design, server infrastructure planning, database architecture, application framework selection, and integration pattern design.
Systems Integration
We connect disparate systems, applications, and data sources into unified, interoperable ecosystems. Our integration services include API development, middleware configuration, data pipeline engineering, legacy system modernization, and enterprise service bus implementation.
Cloud Infrastructure Services
We design, deploy, and manage cloud-native and hybrid cloud environments. Our cloud services include migration planning and execution, infrastructure as code implementation, containerization and orchestration, cost optimization, and multi-cloud governance.
Cybersecurity and Compliance
We assess security postures, implement defensive controls, and guide organizations through compliance frameworks. Services include vulnerability assessments, penetration testing, security architecture review, incident response planning, and compliance readiness for SOC 2, HIPAA, ISO 27001, and PCI DSS.
Custom Software Development
We design, build, test, and deploy custom software solutions tailored to specific business needs. This includes web applications, mobile applications, enterprise portals, workflow automation systems, data analytics platforms, and API services.
IT Consulting and Strategy
We provide strategic guidance on technology investments, digital transformation roadmaps, vendor evaluation and selection, technology stack modernization, and IT organizational design. Our consulting engagements are tailored to the size, industry, and maturity level of each client.
The specific scope, deliverables, timelines, and fees for any professional service engagement will be set forth in a mutually executed Statement of Work or service agreement. In the event of any conflict between these Terms and a Statement of Work, the Statement of Work shall govern with respect to the specific engagement it covers.
User Obligations and Conduct
As a condition of your use of the Website and Services, you agree to comply with all applicable local, state, national, and international laws and regulations. You further agree that you will not engage in any of the following prohibited activities.
You shall not use the Website or Services for any unlawful purpose or in furtherance of illegal activities. This includes but is not limited to violating any intellectual property rights, privacy rights, or other proprietary rights of any party; transmitting any material that is defamatory, obscene, fraudulent, harassing, or threatening; or promoting any criminal activity or enterprise.
You shall not interfere with or disrupt the operation of the Website, Services, or any servers or networks connected to the Website. This includes engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure, attempting to gain unauthorized access to any portion or feature of the Website, probing or testing the vulnerability of our systems, or circumventing any security or authentication measures.
You shall not use any automated means, including robots, spiders, scrapers, or similar data gathering and extraction tools, to access, acquire, copy, or monitor any portion of the Website or any Content, except as expressly permitted by us in writing. You shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or Services for any commercial purpose without our express prior written consent.
You are responsible for ensuring that all information you provide to us is truthful, accurate, and complete. You shall not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or provide fraudulent or misleading information in any communication with us.
Intellectual Property Rights
All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software, is the property of MTR MARKETING INC., its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The MTR MARKETING INC. name, the MTR Market name, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing on the Website are the trademarks of their respective owners.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal or internal business purposes. This license does not include any right to modify, reproduce, distribute, create derivative works from, publicly display, or publicly perform any Content from the Website, except as expressly permitted by these Terms or with our prior written consent.
We respect the intellectual property rights of others and expect our Users to do the same. If you believe that any Content on the Website infringes your copyright, please notify us promptly with a detailed description of the alleged infringement so that we may investigate and take appropriate action.
User Content and Submissions
By submitting, uploading, or transmitting any User Content through the Website or Services, including contact form submissions, project inquiries, feedback, suggestions, and other communications, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the operation of the Website and the provision of the Services.
You represent and warrant that you own or have the necessary rights to all User Content you submit and that the submission of such User Content does not violate any third party rights, including intellectual property rights, privacy rights, or publicity rights. You are solely responsible for all User Content you submit, and you assume all risks associated with its use, including any reliance by third parties on its accuracy, completeness, or usefulness.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We reserve the right, but have no obligation, to monitor, review, edit, or remove User Content at any time and for any reason in our sole discretion, including if we determine that such Content violates these Terms or may be harmful, offensive, or otherwise objectionable.
Any feedback, suggestions, or ideas you provide to us regarding the Website or Services will be deemed non-confidential and non-proprietary. We shall be free to use such feedback without any obligation to compensate you or to credit you for the submission.
Payment Terms and Billing
Certain Services offered by the Company may require payment of fees. The pricing, payment schedule, invoicing procedures, and payment terms for any paid Services will be set forth in the applicable Statement of Work, service agreement, or order form executed between you and the Company. By engaging any paid Services, you agree to pay all fees and charges in accordance with the terms specified in the governing agreement.
Unless otherwise stated in a Statement of Work, all fees are quoted and payable in United States Dollars. You are responsible for any sales, use, value-added, goods and services, or similar taxes that may be imposed on the Services provided, excluding taxes based on the net income of the Company. All payments must be made without any deduction, set-off, or counterclaim.
Late payments may be subject to interest charges at the rate of one and one-half percent per month, or the maximum rate permitted by applicable law, whichever is lower. If any payment is not received by its due date, we reserve the right to suspend or terminate the provision of Services until all outstanding amounts are paid in full. You agree to reimburse us for all reasonable costs, including legal fees, incurred in collecting any past due amounts.
All fees paid are non-refundable except as expressly stated in the applicable Statement of Work or as required by applicable law. In the event of early termination of a service engagement by you without cause, you shall remain liable for all fees accrued up to the effective date of termination and any non-cancellable commitments made by the Company in reliance on the engagement.
Third Party Services and Content
The Website may contain links to third party websites, services, or resources that are not owned, operated, or controlled by MTR MARKETING INC. These links are provided for your convenience only. We do not endorse, monitor, or assume any responsibility for the content, accuracy, policies, or practices of any third party website or service.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods, or services. Your dealings with third parties found through the Website are solely between you and that third party. We encourage you to review the terms of service and privacy policies of any third party website or service you visit.
In the course of delivering our professional services, we may recommend, integrate, or configure third party software, platforms, or services on your behalf. Unless otherwise agreed in writing, we do not warrant the performance, security, or suitability of any third party product, and any issues arising from such third party products shall be addressed directly with the respective vendor. We will use commercially reasonable efforts to facilitate resolution but assume no liability for third party product defects or failures.
Termination and Suspension
These Terms shall remain in full force and effect while you use the Website or Services. We reserve the right, without prior notice and in our sole discretion, to suspend or terminate your access to all or any part of the Website or Services for any reason or no reason, including but not limited to a breach of these Terms, suspected fraudulent or illegal activity, or a request by law enforcement or government agencies.
Upon termination of your access, your right to use the Website and Services shall immediately cease. If your access is terminated for cause, you shall remain liable for all amounts due up to and including the date of termination. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.
You may terminate your relationship with us at any time by ceasing all use of the Website and Services and, where applicable, notifying us in writing of your intent to terminate. Any professional service engagements governed by a separate Statement of Work shall be terminated in accordance with the termination provisions specified in that document.
Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MTR MARKETING INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY COMMUNICATIONS FROM US ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT.
THE FOREGOING DISCLAIMERS DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MTR MARKETING INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST SAVINGS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES.
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF STATUTORY DUTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED UNITED STATES DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.
Indemnification
You agree to defend, indemnify, and hold harmless MTR MARKETING INC., its affiliates, and their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses, including reasonable attorneys fees and court costs, arising out of or related to your use of the Website or Services, your violation of these Terms, your violation of any rights of a third party, including intellectual property rights and privacy rights, any User Content you submit, or any breach of your representations and warranties set forth in these Terms.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any claim that imposes any obligation or liability on the Company without our prior written consent.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, United States, without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of any other jurisdiction.
Subject to the Dispute Resolution section below, any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the county where the Company maintains its principal place of business. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or to any transaction conducted through or in connection with the Services.
Dispute Resolution
In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, Disputes) shall be resolved through the following process.
Informal Resolution
Before initiating any formal legal action, you agree to first contact us at touch@mtrmarket.lol with a detailed written description of the Dispute and to engage in good faith negotiations with us for a period of at least thirty days. If the Dispute is not resolved within that period, either party may proceed to the next stage.
Mediation
If the Dispute cannot be resolved through informal negotiation, the parties agree to submit the Dispute to mediation administered by a mutually agreed-upon mediation provider in the State of Utah. The parties shall share equally the costs of the mediator and the mediation proceeding. Mediation is a prerequisite to filing any lawsuit or initiating arbitration unless otherwise agreed in writing by both parties.
Arbitration
If mediation is unsuccessful, any unresolved Dispute shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the county where the Company maintains its principal place of business. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not in a class, consolidated, or representative action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that partys individual claim.
Modifications to the Terms
We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. When we make changes, we will post the revised Terms on this page and update the Last Updated date. In the case of material changes, we will provide additional notice, which may include sending an email to the address we have on file for you, posting a notice on the Website, or requiring you to affirmatively accept the updated Terms before continued use.
Changes will become effective immediately upon posting unless otherwise specified. Your continued use of the Website or Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the modified Terms, you must stop using the Website and Services immediately.
Entire Agreement and Severability
These Terms, together with the Privacy Policy and any applicable Statements of Work, constitute the entire agreement between you and MTR MARKETING INC. concerning the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.
The headings used in these Terms are for convenience only and shall not affect the interpretation of any provision. The language of these Terms shall be construed according to its fair meaning and not strictly for or against any party.
Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to contact us for any other reason, please use the information below. We value open communication and will respond to your inquiries as promptly as possible.
MTR MARKETING INC.
7622 S 620 W
Willard, UT 84340-9520
United States
Email: touch@mtrmarket.lol
Phone: +1 (970) 786-7798
Website: https://www.mtrmarket.lol
Your feedback and inquiries are important to us. We strive to respond to all communications within one business day. For urgent matters, telephone contact during business hours (Monday through Friday, 9:00 AM to 5:00 PM Mountain Time) is recommended.