Effective Date: January 1, 2026 | EMKAY INDUSTRIES LLC
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and EMKAY INDUSTRIES LLC, a company operating under the brand Emkay Works, with its principal place of business at 782 S River Rd Ste 172, St George, UT 84790-5716, United States. By accessing or using our website located at https://www.emkayworks.lol, engaging our computer systems design and integrated solutions services, or otherwise interacting with us in a professional capacity, you agree to be bound by these Terms of Service and all terms incorporated by reference.
If you do not agree to every provision of these Terms, you are expressly prohibited from using our services and must discontinue access immediately. These Terms apply to all visitors, users, clients, and others who access or use our services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting the updated Terms on this page.
Your continued use of the website or services after any changes to these Terms constitutes your acceptance of the revised agreement. It is your responsibility to review these Terms periodically for updates. We may also require you to provide additional consent to the updated Terms before further use of our services is permitted.
EMKAY INDUSTRIES LLC, through its Emkay Works practice, provides computer systems design, related services, and integrated technical solutions within the Professional, Scientific, and Technical Services sector. Our service offerings include, but are not limited to, the following categories:
Systems Architecture and Design: We design and document computer systems architectures tailored to the specific requirements of each client. This includes infrastructure planning, capacity analysis, redundancy modeling, and technology selection for both on-premises and cloud-native environments.
Network and Infrastructure Engineering: We plan, configure, and deploy secure network architectures including local area networks, wide area networks, software-defined networking solutions, load balancing configurations, and zero-trust access frameworks.
Cloud Services and Migration: We provide cloud strategy consulting, workload migration planning, cloud-native application architecture, multi-cloud governance, and ongoing cloud operations support across major platforms including Amazon Web Services, Microsoft Azure, and Google Cloud Platform.
Cybersecurity Engineering: We deliver cybersecurity assessment, threat modeling, vulnerability management, incident response planning, security information and event management deployment, and compliance advisory services aligned with industry standards.
Data Engineering and Analytics: We build data pipelines, design data warehouses and data lakes, implement real-time streaming analytics, and develop business intelligence solutions to enable data-driven decision making.
DevOps and Platform Engineering: We establish continuous integration and continuous delivery pipelines, infrastructure-as-code practices, GitOps workflows, observability stacks, and internal developer platforms.
The specific scope, deliverables, timeline, and fees for each engagement are defined in a separate written Statement of Work or Service Agreement executed by both parties. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail.
By using our website or engaging our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using our 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.
Our services are intended for business and professional use. We do not offer consumer-grade products, and our solutions are designed for organizations that require enterprise-level computer systems design and integration. You agree that you will use our services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including but not limited to situations where we believe that your use of our services violates applicable law, infringes upon the rights of others, or is harmful to our interests or the interests of our other clients.
Certain features of our services may require you to register for an account or provide personal and organizational information. When you create an account, you agree to provide accurate, current, and complete information and to update that information promptly if it changes.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account. If you believe your account has been compromised or used without authorization, you must notify us immediately at talk@emkayworks.lol.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you fail to maintain the security of your account credentials.
You may not use another person or entitys account without their express permission. You may not transfer your account to any other person or entity without our prior written consent.
As a user of our website and services, you agree to abide by the following acceptable use standards. You shall not, under any circumstances:
Use our services for any unlawful purpose or in violation of any applicable federal, state, local, or international law or regulation.
Engage in any activity that interferes with or disrupts the functionality of our website, servers, or networks, including transmitting malware, launching denial-of-service attacks, or attempting unauthorized access to our systems.
Use any automated means, including robots, scrapers, or data mining tools, to access or collect data from our website without our express written permission.
Upload, transmit, or distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable as determined by us in our reasonable discretion.
Infringe upon the intellectual property rights, privacy rights, or any other rights of EMKAY INDUSTRIES LLC, our clients, or any third party.
Misrepresent your identity, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Violating any of these provisions constitutes a material breach of these Terms and may result in immediate termination of your access to our services and, where applicable, legal action.
Our Intellectual Property: All content, materials, and deliverables provided by EMKAY INDUSTRIES LLC in the course of delivering our services, including but not limited to software code, system architectures, documentation, reports, diagrams, design specifications, methodologies, and training materials, are and shall remain the sole and exclusive property of EMKAY INDUSTRIES LLC, unless otherwise expressly agreed in a written Service Agreement signed by both parties.
Our website and all of its original content, features, and functionality, including the design, text, graphics, logos, icons, and the selection and arrangement thereof, are owned by EMKAY INDUSTRIES LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Client Intellectual Property: Any pre-existing materials, data, or intellectual property provided by the client for use in an engagement shall remain the property of the client. The client grants EMKAY INDUSTRIES LLC a limited, non-exclusive license to use such materials solely for the purpose of performing the services under the applicable Service Agreement.
License to Deliverables: Upon full payment for services rendered, EMKAY INDUSTRIES LLC grants the client a perpetual, irrevocable, non-exclusive, non-transferable license to use the deliverables produced under that engagement for the internal business purposes of the client. This license does not include the right to resell, sublicense, or distribute the deliverables to third parties as a standalone product.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website except as incidental to normal web browsing or as expressly permitted in writing.
Our website may allow you to submit information through contact forms, inquiry portals, or other interactive features. Any information, materials, or content you submit through these channels is referred to as User Content in these Terms.
By submitting User Content, you grant EMKAY INDUSTRIES LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and process such content for the purpose of responding to your inquiry, providing our services, and improving our offerings. This license does not grant us the right to publish your User Content publicly without your consent.
You represent and warrant that you own or have the necessary rights to any User Content you submit, that your User Content does not violate the rights of any third party, and that your User Content complies with these Terms. You are solely responsible for the accuracy, quality, and legality of any User Content you provide.
We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion. We assume no liability for any User Content submitted by you or any third party.
Fees for our computer systems design and integrated solutions services are established in individual Statements of Work, Service Agreements, or proposals provided to the client. Unless otherwise specified in a signed agreement, the following general payment terms apply:
Invoices are issued on a net-30 basis and are payable within 30 calendar days of the invoice date. Late payments may incur interest at the rate of 1.5 percent per month or the maximum rate permitted by applicable law, whichever is lower. The client is responsible for all costs of collection, including reasonable legal fees, incurred by EMKAY INDUSTRIES LLC in the event of non-payment.
All fees are quoted and payable in United States Dollars unless otherwise agreed. The client is responsible for any applicable sales, use, value-added, or similar taxes imposed on the services, excluding taxes based on the net income of EMKAY INDUSTRIES LLC.
We reserve the right to suspend or terminate services if payment is not received within the agreed timeframe. Suspension of services does not relieve the client of the obligation to pay all outstanding amounts.
Our website and services may contain links to third-party websites, services, or resources that are not owned or controlled by EMKAY INDUSTRIES LLC. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, security, or practices of any third-party websites or services.
You acknowledge and agree that EMKAY INDUSTRIES LLC 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 content, goods, or services available on or through any third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. Your interactions with third parties, including payment and delivery of goods or services, are solely between you and the third party.
During the course of our engagement, each party may receive or have access to confidential information belonging to the other party. Confidential Information includes, but is not limited to, trade secrets, business plans, technical specifications, source code, system configurations, client lists, financial data, and any information designated as confidential by the disclosing party.
Each party agrees to hold the Confidential Information of the other party in strict confidence, to use such information only for the purpose of performing under these Terms and any applicable Service Agreement, and not to disclose such information to any third party without the prior written consent of the disclosing party, except as required by law.
The obligations of confidentiality shall survive the termination of these Terms and any Service Agreement for a period of five years, or indefinitely for trade secrets. Upon termination, each party shall return or securely destroy all Confidential Information of the other party upon request.
We reserve the right to terminate or suspend your access to our website and services, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. In the case of active service engagements, termination shall be governed by the terms of the applicable Service Agreement.
Upon termination, your right to use our services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If you wish to terminate your account, you may do so by contacting us at talk@emkayworks.lol. Any outstanding fees or obligations incurred prior to termination shall remain due and payable.
THE SERVICES PROVIDED BY EMKAY INDUSTRIES LLC, INCLUDING OUR WEBSITE AND ALL RELATED CONTENT AND DELIVERABLES, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMKAY INDUSTRIES LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EMKAY INDUSTRIES LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, OR COMPLETELY SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMKAY INDUSTRIES LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EMKAY INDUSTRIES LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH INFORMATION IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMKAY INDUSTRIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMKAY INDUSTRIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EMKAY INDUSTRIES LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO EMKAY INDUSTRIES LLC DURING THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED UNITED STATES DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF EMKAY INDUSTRIES LLC SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless EMKAY INDUSTRIES LLC, its affiliates, officers, directors, employees, contractors, agents, licensors, and successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs, arising out of or relating to:
(a) Your use of, or inability to use, our website or services;
(b) Your breach or alleged breach of these Terms or any representation, warranty, or covenant made by you under these Terms;
(c) Your violation of any applicable law, regulation, or the rights of any third party, including intellectual property rights and privacy rights;
(d) Any User Content you submit, post, or transmit through our services;
(e) Any claim that your data, materials, or use of our services caused damage to a third party.
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.
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or 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 regard to its conflict of law principles.
Except as provided in the Dispute Resolution section below, any legal suit, action, or proceeding arising out of or related to these Terms or our services shall be instituted exclusively in the federal or state courts located in Washington County, State of Utah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Informal Resolution: Before initiating any formal legal action, the parties agree to attempt to resolve any dispute informally. If a dispute arises, the complaining party shall provide written notice to the other party describing the nature of the dispute and the desired resolution. The parties shall then engage in good-faith negotiations for a period of at least 30 days to resolve the matter.
Mediation: If the dispute cannot be resolved through informal negotiation within 30 days, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator in Washington County, Utah. Each party shall bear its own costs of mediation, and the fees of the mediator shall be shared equally.
Arbitration: If mediation does not resolve the dispute within 60 days of the initial notice, the dispute shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Washington County, Utah, and the decision of the arbitrator shall be final and binding. Judgment on the award may be entered in any court having jurisdiction.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate as a plaintiff or class member in any class action or representative proceeding.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we make changes, we will update the Effective Date at the top of this page and post the revised Terms on our website. Material changes may be communicated to you via email or through a prominent notice on our website.
By continuing to access or use our services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop accessing and using our services. We recommend that you periodically review these Terms to stay informed of any updates.
For active client engagements governed by a signed Service Agreement, changes to these Terms shall not retroactively modify the terms of any existing signed agreement, but shall apply to any subsequent or renewed engagements.
If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to provide legal notice to EMKAY INDUSTRIES LLC, please contact us using the following details:
Email: talk@emkayworks.lol
Phone: +1 (951) 648-3902
Postal Address:
EMKAY INDUSTRIES LLC
Attn: Legal Department
782 S River Rd Ste 172
St George, UT 84790-5716
United States
Website: https://www.emkayworks.lol
We endeavor to respond to all inquiries within two business days. For formal legal notices, please send documentation by both email and certified postal mail to ensure timely delivery and receipt confirmation.
Thank you for choosing Emkay Works for your computer systems design and integrated technical solutions. We look forward to building exceptional systems together.