1. Acceptance of Terms
By accessing and using the LayerEight Solutions LLC ("we," "us," or "our") website located at layereightsolutions.com (the "Site"), you agree to these Terms of Use. If you do not agree, do not use the Site.
2. Use of the Site
The Site is for informational and marketing purposes. It describes services and products we may offer and how to contact us. The Site is not the hosted SimplicitySuite product environment; SimplicitySuite (and other hosted offerings) are governed by their applicable service terms and, when applicable, your executed agreements with us.
3. Intellectual Property
Content on the Site (text, graphics, logos, images) is owned by LayerEight Solutions LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written consent.
4. No Offer; Master Services Agreement (MSA) and SOWs
Nothing on the Site is an offer to contract or a guarantee of availability, pricing, or scope. Paid technology and professional services are provided only under executed agreements, typically a Master Services Agreement ("MSA") and one or more Statements of Work ("SOWs"), plus change orders, Data Processing Agreements (DPAs), and other documents when Personal Information or regulated data is in scope. SimplicitySuite and related managed offerings are ordinarily ordered under those instruments as described in each SOW.
If you have executed an MSA and SOWs with us, those documents (and related exhibits, e.g., SLA, DPA) control your commercial relationship, fees, deliverables, data protection, confidentiality, liability, indemnification, termination, transition, and dispute resolution for the services they cover, not these Site Terms.
5. Subcontractors and Subprocessors
We may use subcontractors or subprocessors to assist with delivery, infrastructure, or support when permitted under your executed agreements. LayerEight Solutions remains responsible to you under the MSA, SOW, and DPA (as applicable) for performance of the services, including the handling of Personal Information as described in the DPA and other data terms. Site marketing copy does not waive, narrow, or replace subcontracting, assignment, or subprocessor provisions in your signed documents.
6. Disclaimer of Warranties (Site Only)
The Site is provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement, solely with respect to your use of the Site. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components. Service-level or professional warranties for paid engagements, if any, are only as stated in your executed MSA/SOW (or applicable product terms), not in these Site Terms.
7. Limitation of Liability (Site Only)
To the fullest extent permitted by law, LayerEight Solutions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Site. This limitation applies only to claims related to the Site itself and does not modify or summarize liability caps, indemnities, or remedies in your executed MSA, SOW, SLA, DPA, or other agreements, which continue to govern paid services and products.
8. Third-Party Links
The Site may link to third-party sites or services. We are not responsible for their content, privacy policies, or practices.
9. Changes to These Terms
We may update these Terms of Use at any time by posting a revised version with an updated effective date. Continued use of the Site after changes constitutes acceptance of the revised Site Terms. Updates here do not, by themselves, amend your executed MSA, SOW, or DPA.
10. Governing Law and Venue
These Site Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules. Subject to any different exclusive forum or dispute-resolution terms in your executed MSA (which control for disputes arising out of or related to those agreements), you agree that the state and federal courts located in Cook County, Illinois shall have exclusive jurisdiction over disputes arising solely from these Site Terms or your use of the Site.
11. Contact Us
Questions about these Site Terms:
LayerEight Solutions LLC
2501 Chatham Rd, Suite N
Springfield, IL, 62704, USA
Email: info@layereightsolutions.com
See also: Privacy Policy