Terms of Service

Last Updated: August 5, 2025

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and BNA Taylor Real Estate LLC, a Utah limited liability company operating under the trade name BNA Realty. By accessing or using the website located at https://www.bnarealty.mom, engaging our computer integrated systems design services, requesting a consultation, or entering into any business relationship with us, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you do not agree to all of the terms and conditions set forth herein, you must immediately discontinue use of our website and refrain from engaging our services. These Terms apply to all visitors, users, clients, and others who access or interact with our website or services.

We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be communicated through a notice posted on our website or via email to current clients. Your continued use of the website or services after any such changes constitutes your acceptance of the revised Terms.

2. Description of Services

BNA Realty provides computer integrated systems design and related professional services, including but not limited to:

The specific scope, deliverables, timeline, and pricing for any project shall be defined in a separate written agreement, statement of work, or service contract executed by both parties. In the event of any conflict between these Terms of Service and an executed service agreement, the terms of the service agreement shall prevail with respect to the specific engagement.

3. Use of the Website

3.1 Permitted Use

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal or internal business purposes, provided that such use complies with these Terms and all applicable laws and regulations.

3.2 Prohibited Conduct

You agree that you will not, and will not permit any third party to:

3.3 Website Availability

We strive to maintain the website in an operational state with minimal downtime; however, we do not guarantee uninterrupted or error-free access. We may suspend, withdraw, or restrict the availability of all or any part of the website for maintenance, upgrades, security reasons, or any other operational need without prior notice. We shall not be liable for any loss or damage arising from website unavailability.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The website and all of its content, features, and functionality -- including but not limited to text, graphics, logos, icons, images, audio clips, video, software, code, design elements, layout, and the selection and arrangement thereof -- are owned by BNA Taylor Real Estate LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The names BNA Realty, BNA Taylor Real Estate LLC, and all related logos, service marks, and trade dress are trademarks of BNA Taylor Real Estate LLC. You may not use such marks without our prior written permission. All other names, logos, and marks appearing on the website are the property of their respective owners.

4.2 Work Product and Deliverables

Unless otherwise specified in the applicable service agreement, all work product, deliverables, source code, documentation, designs, architectures, configurations, and other materials created by BNA Taylor Real Estate LLC in the course of providing services shall be governed by the intellectual property provisions of the governing service agreement. We respect and protect the confidentiality and proprietary rights of our clients in accordance with the terms of each engagement.

4.3 Feedback and Suggestions

Any feedback, suggestions, ideas, or recommendations you provide to us regarding our website or services shall become our exclusive property. You hereby assign all rights, title, and interest in such feedback to BNA Taylor Real Estate LLC, and we may use, modify, and incorporate such feedback into our products and services without compensation, attribution, or restriction.

5. Third-Party Links and Resources

Our website may include links to third-party websites, applications, or services that are not owned or controlled by BNA Taylor Real Estate LLC. We provide these links solely for your convenience and informational purposes. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services.

You acknowledge and agree that BNA Taylor Real Estate LLC shall not be responsible or liable, directly or indirectly, for any damage, loss, or injury caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website or service. We strongly encourage you to review the terms and conditions and privacy policies of any third-party websites you visit.

6. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BNA TAYLOR REAL ESTATE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

Professional services engagements are governed by separate written agreements that contain specific warranties and representations. The disclaimers in this Section 6 apply solely to your use of the website and do not modify or limit any warranties provided in an executed service agreement.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNA TAYLOR REAL ESTATE LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH:

This limitation of liability applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, and regardless of whether BNA Taylor Real Estate LLC was advised of the possibility of such damages.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BNA TAYLOR REAL ESTATE LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS OR THE AMOUNT YOU PAID TO BNA TAYLOR REAL ESTATE LLC IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to defend, indemnify, and hold harmless BNA Taylor Real Estate LLC, its members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses -- including reasonable attorneys fees and court costs -- arising out of or relating to:

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 and shall not settle any matter without our prior written consent.

9. Confidentiality

In the course of our engagement, you may disclose or we may receive confidential, proprietary, or trade secret information belonging to your business, including but not limited to technical specifications, business plans, financial data, customer information, and system configurations. BNA Taylor Real Estate LLC agrees to:

These confidentiality obligations shall survive termination of these Terms and any service agreement for a period of five years, or indefinitely for trade secret information.

10. Service Agreements and Payment Terms

All professional services engagements shall be governed by a separate written agreement or statement of work. Unless otherwise specified in the governing agreement, the following general payment terms apply:

11. Termination

11.1 Termination of Website Access

We reserve the right to suspend or terminate your access to the website at any time, with or without cause, and with or without notice, effective immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law.

11.2 Termination of Service Agreements

Termination of any professional services engagement shall be governed by the termination provisions of the applicable service agreement. Generally, either party may terminate a service agreement for material breach that remains uncured for 30 days after written notice, or immediately upon written notice in the event of insolvency, bankruptcy, or cessation of business operations.

Upon termination of a service agreement, the client shall pay for all services rendered, work completed, and expenses incurred up to the effective date of termination. All deliverables, work product, and materials completed through the termination date shall be delivered to the client in accordance with the service agreement.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms of Service and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice of law or conflict of law principles that would result in the application of the laws of any other jurisdiction.

12.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach thereof, shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 60 days, either party may pursue resolution through binding arbitration in Washington County, Utah, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

The arbitrator shall have the authority to award the same relief that a court of competent jurisdiction could award, including monetary damages, injunctive relief, and attorneys fees and costs as permitted by law. The arbitrators decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

12.3 Exception for Equitable Relief

Notwithstanding the arbitration requirement, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the unauthorized use or disclosure of confidential information or intellectual property, or to prevent immediate and irreparable harm.

12.4 Class Action Waiver

You agree that any dispute resolution proceedings shall 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.

13. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms or the website must be commenced within one year after the cause of action accrues, regardless of any statute of limitations to the contrary. After that one-year period, such cause of action or claim is permanently barred.

14. General Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement between you and BNA Taylor Real Estate LLC regarding your use of the website and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

14.2 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 render it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of BNA Taylor Real Estate LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of BNA Taylor Real Estate LLC. We may assign or transfer our rights and obligations at our discretion, including in connection with a merger, acquisition, or sale of assets.

14.5 Relationship of the Parties

These Terms do not create a partnership, joint venture, employment, franchise, or agency relationship between you and BNA Taylor Real Estate LLC. Neither party has the authority to bind the other or incur obligations on the others behalf without prior written consent.

14.6 Notices

Any notices or communications required or permitted under these Terms shall be in writing and delivered by email or certified mail. Notices to BNA Taylor Real Estate LLC shall be sent to:

BNA Taylor Real Estate LLC
Attn: Legal Department
3419 S River Rd Unit 36
St George, UT 84790-8655
United States
Email: inquiry@bnarealty.mom

Notices to you may be sent to the email address or physical address you provide to us. Notice shall be deemed effective upon confirmed delivery by email or three business days after mailing.

14.7 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government orders, pandemic, natural disasters, power outages, telecommunications failures, or denial-of-service attacks.

15. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

BNA Taylor Real Estate LLC
3419 S River Rd Unit 36
St George, UT 84790-8655
United States

Email: inquiry@bnarealty.mom
Phone: +1 (775) 383-0050
Website: https://www.bnarealty.mom