Terms of Service

1) Definitions

“IT Great Falls,” “Company,” “we,” “us,” “our”

the business operating under the name IT Great Falls, located in Great Falls, Montana.

“You,” “your,” “User”

the individual or entity accessing the Site or using the Services.

“Services”

any services we provide, including but not limited to managed IT services, 24/7 technology support, proactive maintenance, cybersecurity solutions, IT consulting, infrastructure optimization, and related offerings.

“Site”

the IT Great Falls website located at https://itgreatfalls.com and any subdomains, pages, forms, portals, and content available through it.

“Agreement”

these Terms, together with our Privacy Policy and any other policies or agreements incorporated by reference.

2) Eligibility and Acceptance

2.1 Age Requirement

You must be at least eighteen (18) years of age or the age of majority in your jurisdiction to use the Site or Services. By using the Site, you represent and warrant that you meet this requirement.

2.2 Authority to Bind

If you are using the Site or Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” and “your” shall refer to both you individually and such entity.

2.3 Acceptance

Your continued use of the Site or Services constitutes ongoing acceptance of these Terms and any updates thereto.

3) Website Use

You agree to use the Site only for lawful purposes and in compliance with these Terms, all applicable Montana state laws, and all applicable federal laws of the United States.

Prohibited Conduct

You agree not to:

• Attempt unauthorized access to the Site, our servers, networks, or any systems connected to the Site;
• Interfere with or disrupt the operation, security, or integrity of the Site;
• Upload, transmit, or distribute any viruses, malware, worms, Trojan horses, or other harmful or malicious code;
• Use the Site to violate any applicable local, state, or federal law, including the Montana Consumer Protection Act (Mont. Code Ann. § 30-14-101 et seq.);
• Use the Site to infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party;
• Engage in any activity that could disable, overburden, or impair the proper functioning of the Site;
• Use any automated means (including bots, scrapers, or spiders) to access the Site without our prior written consent;
• Attempt to reverse-engineer, decompile, or disassemble any portion of the Site.

Enforcement

We reserve the right, in our sole discretion, to suspend or terminate your access to the Site, without notice, if we reasonably believe you have violated these Terms or applicable law.

4) Quotes, Orders, and Service Engagement

4.1 Separate Agreements

Any quotes, proposals, estimates, or statements of work provided by IT Great Falls are separate from these Terms unless explicitly incorporated by reference. Engagement for Services may require execution of additional agreements, including but not limited to a Master Services Agreement (MSA), Statement of Work (SOW), Service Level Agreement (SLA), or Support Agreement.

4.2 Order of Precedence

In the event of a conflict between these Terms and a signed service agreement, the signed service agreement shall govern with respect to the Services covered by that agreement. These Terms shall govern all other matters related to use of the Site.

4.3 No Obligation

Quotes and proposals are not binding offers and do not obligate IT Great Falls to provide Services until a written agreement is executed by both parties.

5) Communications Consent (Email, Phone, and SMS)

5.1 Consent and Federal Compliance

Providing contact information does not automatically mean you consent to receive texts or calls. In compliance with the Telephone Consumer Protection Act (TCPA), we collect express consent via specific opt-in methods (such as checkboxes on our forms).

5.2 Message Types

If you opt in, we may send:

• Non-promotional messages: Account alerts, support ticket updates, appointment reminders, or service notifications.
• Marketing/promotional messages: Special offers or announcements, sent only if you provided separate, express written consent.

5.3 SMS Program Details

6) Privacy

Your privacy is important to us. Our practices regarding the collection and use of your data, including your rights under the Montana Consumer Data Privacy Act (MCDPA) where applicable, are detailed in our Privacy Policy at https://itgreatfalls.com/privacy.

7) Third-Party Services and Links

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by IT Great Falls. We provide these links for convenience only.

No Endorsement

Inclusion of any link does not imply endorsement, approval, or sponsorship of the linked site or its content, products, or services.

No Liability

IT Great Falls is not responsible for the content, privacy practices, terms of service, or security of any third-party sites. Your interactions with third-party sites are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party site you visit.

8) Intellectual Property

8.1 Ownership

Unless otherwise noted, the Site and all content, features, and functionality—including but not limited to text, graphics, logos, images, icons, audio, video, software, and layout—are owned by IT Great Falls, our licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License

Subject to your compliance with these Terms, IT Great Falls grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include the right to:

• Copy, modify, reproduce, distribute, or create derivative works from Site content;
• Use any data mining, robots, or similar data-gathering or extraction methods;
• Use the IT Great Falls name, logo, or trademarks without prior written consent.

8.3 Reservation of Rights

All rights not expressly granted herein are reserved by IT Great Falls.

9) Disclaimers

No Professional Advice

Information provided on the Site is for general informational purposes only and does not constitute professional, legal, financial, or technical advice. You should consult qualified professionals before making decisions based on information obtained from the Site.

10) Limitation of Liability

To the fullest extent permitted by law, IT Great Falls will not be liable for indirect, incidental, or consequential damages arising out of your use of the Site. Our liability for any claim related to your use of the Site is limited to the amount you paid us to access the Site, or $100.00, whichever is greater.

11) Indemnification

You agree to indemnify, defend, and hold harmless IT Great Falls, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your access to or use of the Site;
• Your violation of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your violation of the rights of any third party, including intellectual property, privacy, or contractual rights;
• Any content or information you submit, post, or transmit through the Site;
• Any dispute between you and a third party arising from your use of the Site.

IT Great Falls reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12) Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact IT Great Falls and attempt to resolve any dispute informally. You may contact us using the information in Section 15. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days.

12.2 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict-of-law principles. Federal law, where applicable, shall also govern.

12.3 Venue and Jurisdiction

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Cascade County, Montana. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

13) General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements incorporated by reference, constitute the entire agreement between you and IT Great Falls regarding the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written.

13.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

13.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. IT Great Falls' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without IT Great Falls' prior written consent. IT Great Falls may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

13.5 Force Majeure

IT Great Falls shall not be liable for any failure or delay in performing obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, power failures, internet or telecommunications failures, or cyberattacks.

13.6 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

13.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person or entity.

13.8 Electronic Signatures and Records

You agree that electronic signatures and records shall have the same legal effect as written signatures and paper records, in accordance with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Montana Uniform Electronic Transactions Act (Mont. Code Ann. § 30-18-101 et seq.).

14) Changes to These Terms

IT Great Falls reserves the right to modify, amend, or update these Terms at any time in our sole discretion. When we make changes, we will update the “Last Updated” date at the top of this page.

Notice of Material Changes

For material changes, we may provide additional notice, such as posting a notice on the Site or sending an email to registered users.

Continued Use

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Site.

Review Recommendation

We encourage you to review these Terms periodically to stay informed of any updates.

15) Contact Information

16) Accessibility

IT Great Falls is committed to making our Site accessible to all users. If you experience any difficulty accessing any part of the Site or have suggestions for improving accessibility, please contact us at the information provided in Section 15.

17) Montana Consumer Protection Notice

Under the Montana Consumer Protection Act (Mont. Code Ann. § 30-14-101 et seq.), consumers are protected against unfair or deceptive acts or practices in trade or commerce. Nothing in these Terms is intended to waive, limit, or otherwise affect any rights or remedies available to you under Montana consumer protection laws.

If you believe you have been subjected to an unfair or deceptive practice, you may file a complaint with: