TERMS OF USE

Effective Date: September 16, 2026
Last Updated: September 16, 2026

These Terms of Use (“Terms”) govern access to and use of:

including its pages, content, contact forms, file-upload functions, communications, materials, and other website features.

The website is operated by:

Marbach Engineering LLC
a Wyoming limited liability company registered to transact business in Florida

Contact Marbach Engineering through our Contact page:

https://www.marbach-engineering.com/contact

In these Terms, “Marbach Engineering,” “Company,” “we,” “us,” and “our” refer to Marbach Engineering LLC.

These Terms relate to general website use and website-based communications.

Professional and project-specific services are governed by separate written agreements.

IMPORTANT NOTICE

THESE TERMS CONTAIN IMPORTANT PROVISIONS CONCERNING LIMITATIONS OF LIABILITY, A LIMITATION ON WEBSITE-RELATED DAMAGES, INDEMNIFICATION, EXCLUSIVE VENUE IN FLORIDA, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE AFFIRMATIVELY ACCEPTING THEM OR SUBMITTING INFORMATION THROUGH A WEBSITE FUNCTION THAT REQUIRES ACCEPTANCE.

1. ELIGIBILITY AND AUTHORITY

This website is intended primarily for adult business and professional users.

By affirmatively accepting these Terms or submitting information through a website function requiring acceptance, you represent that:

You are at least 18 years old; and
You have legal capacity to agree to these Terms.

If you act on behalf of a company, organization, property owner, law firm, contractor, association, or other entity, you represent that you have authority to act on behalf of that entity with respect to the website submission and information you provide.

2. ACCEPTANCE AND BINDING EFFECT

These Terms become contractually binding when you affirmatively accept them in connection with a website submission or otherwise manifest assent in a manner recognized by applicable law.

Where applicable law recognizes another legally sufficient method of assent, these Terms may also become binding through that method.

If you do not agree to these Terms, do not affirmatively accept them or submit information through website functions requiring acceptance.

The version of these Terms presented or made available at the time of your affirmative acceptance governs that website submission unless:

Applicable law requires otherwise; or
A later executed written agreement expressly supersedes the applicable provision.

3. PURPOSE OF THE WEBSITE

This website provides general information concerning Marbach Engineering LLC, including information regarding:

Capabilities
Services
Experience
Personnel
Business approach
Areas of professional activity

The website is intended for general informational and business-development purposes.

Website content is an invitation to inquire about potential services.

Except where Marbach Engineering expressly states otherwise in writing, website content does not constitute a binding offer capable of acceptance by a website visitor.

4. NO PROFESSIONAL SERVICES ENGAGEMENT BY WEBSITE USE ALONE

Acceptance of these Terms creates only the limited contractual relationship necessary to govern use of the website and related website submissions.

It does not itself retain Marbach Engineering LLC to perform professional or project-specific services.

Accessing the website, submitting a form, sending an email, uploading materials, requesting information, participating in preliminary communications, providing background information, or receiving an initial response does not, by itself, create:

A professional services engagement
A consulting engagement
A project engagement
A professional engineering engagement
An expert consulting engagement
A fiduciary relationship
A project-specific contractual relationship
A duty to investigate
A duty to inspect
A duty to monitor
A duty to advise
A duty to warn
A duty to visit a site
A duty to take corrective action
Any other project-specific professional obligation

A professional services engagement exists only after Marbach Engineering LLC expressly accepts a specific engagement through an Authorized Written Engagement as described below.

Nothing in this Section limits Marbach Engineering LLC’s ability to offer or perform services pursuant to an Authorized Written Engagement.

5. AUTHORIZED WRITTEN ENGAGEMENT REQUIRED

For purposes of these Terms, an “Authorized Written Engagement” means a written instrument that:

Identifies or reasonably describes the professional or project-specific services being accepted;
Expressly indicates that Marbach Engineering LLC accepts the engagement; and
Is executed or otherwise formally accepted by an authorized representative of Marbach Engineering LLC.

An Authorized Written Engagement may include:

An engagement letter
An accepted formal proposal
A statement of work
A master services agreement
A project agreement
Another formal written agreement expressly accepted by Marbach Engineering LLC

The applicable Authorized Written Engagement determines the actual:

Scope
Services
Deliverables
Limitations
Responsibilities
Fees
Payment terms
Reliance rights
Confidentiality obligations
Risk allocation
Dispute-resolution procedures
Other project-specific terms

Website descriptions do not expand any project scope or professional obligation.

If these Terms conflict with an executed project-specific agreement, the project-specific agreement controls with respect to that engagement.

6. PRELIMINARY, INFORMAL, AUTOMATED, AND AI-ASSISTED COMMUNICATIONS

The following do not, by themselves, constitute acceptance of a professional services engagement or modification of an existing engagement:

Routine emails
Scheduling communications
Website confirmations
Automated acknowledgments
Requests for additional information
Preliminary discussions
Telephone conversations
Meetings
Statements that Marbach Engineering will review or consider a matter
Receipt confirmations
AI-assisted drafts
Automated workflow communications
System-generated communications
Informal messages

An automated, AI-assisted, preliminary, or administrative communication becomes contractually operative only where it is expressly adopted in a manner sufficient to create or modify an Authorized Written Engagement.

7. CUSTOMER TERMS AND UNAUTHORIZED MODIFICATIONS

No term appearing in a customer or prospective customer:

Purchase order
Portal
Form
Email
Attachment
Invoice
Website
Automated system
Standard terms
Other communication

modifies these Terms or an Authorized Written Engagement merely because Marbach Engineering receives, accesses, or does not expressly reject that term.

Any modification of an existing professional engagement must be expressly accepted in writing by an authorized representative of Marbach Engineering LLC.

8. GENERAL INFORMATION ONLY

Nothing on this website constitutes or should be interpreted as:

Project-specific professional advice
Professional engineering advice
Architectural advice
Construction direction
Construction supervision
Safety advice
Legal advice
Financial advice
Insurance advice
Expert testimony
Expert opinion
Code interpretation
Regulatory approval
Inspection certification
Design approval
Repair approval
A warranty
A guarantee
A project-specific recommendation

Conditions affecting buildings, construction projects, defects, repairs, claims, disputes, and technical issues depend upon project-specific facts and circumstances that ordinarily cannot be determined from general website information.

Website content must not be used as a substitute for appropriate project-specific investigation or professional advice.

9. WEBSITE CONTENT DOES NOT ESTABLISH A STANDARD OF CARE

Descriptions appearing on this website concerning:

Quality
Investigation
Processes
Methods
Experience
Capabilities
Technology
Documentation
Training
Practices
Examples
Marketing statements
Slogans
General approaches

do not independently establish:

A professional standard of care
A contractual performance standard
A project scope
A warranty
A guarantee
A mandatory methodology
A duty
A representation that a particular method will be used on every project

The duties, scope, standards, deliverables, and responsibilities applicable to an actual engagement are determined by applicable law and the applicable Authorized Written Engagement.

Website language does not expand those obligations.

10. NO ADMISSION REGARDING ANY PROJECT OR CONDITION

General website content does not constitute an admission regarding:

A particular construction defect
Responsibility
Causation
Fault
Standard of care
Code compliance
Safety
Repair adequacy
Professional negligence
Legal liability

in connection with any particular project, claim, dispute, building, person, or entity.

11. PROFESSIONAL LICENSURE AND REGULATED SERVICES

Professional licensing, registration, certification, and authorization requirements vary by jurisdiction and scope.

Nothing on this website represents that Marbach Engineering LLC or any:

Member
Manager
Owner
Officer
Employee
Consultant
Contractor
Representative
Individual identified on the website

holds a particular professional license, certification, registration, governmental authorization, expert designation, or statutory authority unless expressly stated.

Availability and structure of services may depend upon:

Project location
Scope
Licensing requirements
Registration requirements
Professional regulations
Required disciplines
Insurance requirements
Other applicable law

Nothing on this website or in these Terms authorizes Marbach Engineering or any individual to perform regulated services in a jurisdiction where applicable licensing, registration, approval, supervision, or other requirements have not been satisfied.

Where applicable law requires work to be performed, supervised, reviewed, signed, sealed, certified, or approved by an appropriately authorized professional, those requirements must be addressed through the applicable project engagement.

12. NO RELIANCE ON WEBSITE CONTENT

Website content is general in nature.

You may not reasonably rely upon website content as a substitute for project-specific professional analysis.

Users remain responsible for obtaining appropriate professional advice before making consequential decisions concerning:

Construction
Repair
Demolition
Building conditions
Safety
Property acquisition
Property disposition
Claims
Litigation
Insurance
Technical remediation
Maintenance
Investment
Project management
Other significant matters

Any action taken solely or substantially in reliance upon general website content is undertaken at the user’s own risk.

13. NO DUTY TO UPDATE WEBSITE CONTENT

Marbach Engineering may update, modify, remove, replace, or discontinue website content at any time.

Website information may become outdated because of changes involving:

Law
Regulation
Technology
Industry practice
Services
Personnel
Business operations
Professional requirements

Except where required by applicable law, Marbach Engineering has no duty to update any particular statement immediately or provide individualized notice when website information changes.

14. NO EMERGENCY OR SAFETY SERVICE

This website, its contact form, and ordinary email are not emergency communication systems.

Do not rely upon this website to report or address an immediate threat involving:

Life safety
Personal injury
Structural stability
Fire
Electrical hazards
Gas
Utilities
Active construction hazards
Property collapse
Public safety
Other emergency conditions

If an emergency or immediately dangerous condition exists, contact appropriate:

Emergency services
Government authorities
Responsible site personnel
Property management
Building officials
Emergency contractors
Qualified professionals

as circumstances require.

Submission of a website inquiry does not create a duty for Marbach Engineering to:

Continuously monitor submissions
Respond immediately
Investigate
Visit a site
Notify authorities
Warn third parties
Preserve property
Prevent damage
Take emergency action

Marbach Engineering does not guarantee any particular response time to a website inquiry.

15. AVAILABILITY OF SERVICES

Services described on the website may not be available:

In every jurisdiction
In every state
In every country
For every project
For every client
For every building type
For every technical discipline
For every dispute
Under every circumstance

Marbach Engineering may decline an inquiry or proposed engagement for any lawful business or professional reason.

Relevant considerations may include:

Scope
Location
Schedule
Licensing
Registration
Insurance
Conflicts
Resources
Technical discipline
Specialists
Project complexity
Risk
Commercial terms
Professional judgment

Nothing on this website constitutes a promise that Marbach Engineering will accept any inquiry or engagement.

The accessibility of this website in a jurisdiction does not constitute an offer to provide regulated or professional services in that jurisdiction.

16. CONFLICT CHECKS

No conflict check is complete until Marbach Engineering expressly confirms completion of the conflict review.

Persons involved in:

Litigation
Claims
Arbitration
Insurance disputes
Regulatory matters
Other contested proceedings

should not submit substantive confidential or privileged information before Marbach Engineering confirms in writing that it is prepared to receive such information.

Preliminary communication does not create an inference that:

A conflict check has been completed
Marbach Engineering is available for the matter
Marbach Engineering has accepted the engagement
Marbach Engineering has agreed to act for a particular party

To the maximum extent permitted by applicable law, receipt of unsolicited information does not by itself disqualify Marbach Engineering from accepting work involving another person or entity.

Nothing in this provision overrides a conflict obligation imposed by applicable law, professional rule, court order, or executed written agreement.

17. CLAIMS, DISPUTES, AND LITIGATION MATERIALS

Do not submit information concerning an active:

Claim
Lawsuit
Dispute
Arbitration
Investigation
Insurance matter
Expert matter
Regulatory proceeding

that you consider:

Confidential
Privileged
Protected attorney work product
Subject to a protective order
Subject to a court confidentiality order
Subject to a nondisclosure agreement
Restricted from disclosure

unless Marbach Engineering has first confirmed in writing that it is prepared to receive that information.

Receipt of unsolicited material does not constitute:

Acceptance of an engagement
Agreement to serve as an expert
Agreement to serve as a consultant
Agreement to preserve privilege
Agreement to assume project-specific confidentiality obligations
Completion of a conflict check
Agreement to investigate
Agreement to respond

except where an obligation is imposed by applicable law or an executed written agreement.

18. USER SUBMISSIONS

You are responsible for information and materials you submit through the website.

This includes:

Messages
Photographs
Plans
Reports
Specifications
Correspondence
Documents
Records
Files
Other materials

By submitting materials, you represent that:

You have the legal right or authority to submit them.
The submission does not violate applicable law.
The submission does not violate binding confidentiality obligations.
The submission does not unlawfully disclose another party’s trade secrets.
The submission does not improperly disclose privileged or protected information.
The submission does not infringe intellectual-property rights.
The submission does not contain malicious software or intentionally harmful code.
The submission is not knowingly fraudulent or materially misleading.

19. LIMITED LICENSE FOR SUBMITTED MATERIALS

By submitting materials through the website, you grant Marbach Engineering and its service providers a limited, nonexclusive license to:

Receive
Transmit
Store
Copy
Review
Organize
Process
Secure
Analyze

those materials only as reasonably necessary to:

Evaluate the inquiry
Communicate with you
Perform administrative functions
Conduct preliminary conflict or suitability review
Protect legal rights
Maintain appropriate records
Comply with law
Operate business systems

This limited license:

Does not transfer ownership to Marbach Engineering
Does not authorize public disclosure except where permitted or required by law
Does not authorize sale of submitted materials
Does not authorize independent commercial exploitation of submitted materials

Project-specific rights concerning submitted materials may be governed separately by an Authorized Written Engagement.

20. NO OBLIGATION TO REVIEW, RETURN, OR RETAIN SUBMISSIONS

Submitting materials does not obligate Marbach Engineering to:

Review them
Download them
Analyze them
Return them
Respond to them
Accept an engagement
Provide advice
Perform a conflict check
Perform an investigation
Preserve them indefinitely

Marbach Engineering may delete or decline unsolicited materials subject to applicable legal preservation requirements and binding written obligations.

Nothing in these Terms eliminates a preservation obligation imposed by:

Applicable law
Court order
Subpoena
Litigation hold
Binding written agreement
Other legally enforceable requirement

21. CONFIDENTIALITY OF UNSOLICITED INFORMATION

Do not assume that unsolicited information sent through the public website or ordinary email automatically receives project-specific confidentiality protections.

Unsolicited submission alone does not create:

Contractual confidentiality
Attorney-client privilege
Attorney work-product protection
Expert privilege
Consultant privilege
Fiduciary obligations
A professional services engagement

Nothing in this Section limits confidentiality obligations imposed by applicable law, court order, or executed written agreement.

22. WEBSITE USE LICENSE

Subject to these Terms, Marbach Engineering grants users a limited, revocable, nonexclusive, nontransferable permission to access and use the website for lawful informational and legitimate business purposes.

No ownership interest is transferred.

Marbach Engineering reserves the right to restrict or terminate access where permitted by applicable law.

23. PROHIBITED USES

You may not use the website to:

Violate applicable law
Commit fraud
Misrepresent identity
Misrepresent affiliation
Impersonate another person
Misrepresent Marbach Engineering’s services
Introduce malware
Introduce malicious code
Attempt unauthorized access
Circumvent security measures
Interfere with website operation
Harvest personal information unlawfully
Scrape content for unauthorized commercial purposes
Infringe intellectual-property rights
Upload unlawful content
Upload knowingly harmful material
Create a false impression of endorsement
Create a false impression of certification
Create a false impression of partnership or affiliation
Use website content in a misleading legal, technical, professional, or commercial context
Use automated systems in a manner that materially burdens or disrupts the website
Reverse engineer or attempt to defeat security measures where prohibited by law

24. INTELLECTUAL PROPERTY

Unless otherwise stated, the website and its original content are owned by or licensed to Marbach Engineering LLC.

Protected materials may include:

Text
Graphics
Logos
Branding
Photographs
Images
Documents
Layout
Design
Visual presentation
Written materials
Original diagrams
Other creative works

Such materials may be protected by applicable:

Copyright
Trademark
Unfair competition
Trade dress
Other intellectual-property law

Except where expressly permitted by applicable law, website content may not be:

Copied
Republished
Reproduced
Modified
Distributed
Sold
Licensed
Commercially displayed
Scraped for unauthorized commercial purposes
Incorporated into competing materials
Presented as another party’s work

without prior written authorization from Marbach Engineering LLC.

25. ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND AUTOMATED SCRAPING

Except for ordinary indexing by general-purpose search engines for navigation and discovery, and except where otherwise authorized in writing, website content may not be systematically collected, copied, scraped, extracted, reproduced, or used to:

Train
Fine-tune
Develop
Test
Benchmark
Evaluate
Improve

an artificial-intelligence system, machine-learning system, large language model, generative model, computer-vision model, commercial dataset, or similar automated technology.

No license for such use is granted by these Terms.

Nothing in this Section restricts activity that applicable law affirmatively permits and does not permit Marbach Engineering to prohibit.

26. MARBACH ENGINEERING TRADEMARKS

Marbach Engineering™

and associated:

Names
Logos
ME marks
Branding
Visual identifiers
Source-identifying elements

are claimed by Marbach Engineering LLC.

Nothing on the website grants permission or a license to use Marbach Engineering branding.

Unauthorized use that:

Causes confusion
Misrepresents affiliation
Implies endorsement
Creates false sponsorship
Passes off another service as Marbach Engineering
Otherwise violates applicable law

is prohibited.

Use of the ™ symbol does not represent that a federal trademark registration has necessarily been issued.

27. THIRD-PARTY LINKS AND SERVICES

The website may contain links to websites, services, software, platforms, or information operated by third parties.

Marbach Engineering does not control those third parties and does not warrant or guarantee their:

Accuracy
Availability
Security
Privacy
Content
Services
Products
Practices
Representations

A third-party link does not constitute endorsement unless expressly stated.

Use of third-party websites and services is subject to their respective terms and policies.

28. WEBSITE AVAILABILITY

Marbach Engineering does not guarantee that the website will:

Always be available
Operate without interruption
Be error-free
Be free of technical defects
Be free of malicious third-party interference
Work with every browser or device
Preserve every submission successfully

The website may be:

Modified
Suspended
Restricted
Interrupted
Discontinued

without notice, subject to applicable law.

29. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL WEBSITE CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED:

“AS IS”

AND

“AS AVAILABLE.”

MARBACH ENGINEERING LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:

ACCURACY
COMPLETENESS
CURRENTNESS
MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
AVAILABILITY
SECURITY
RELIABILITY
ERROR-FREE OPERATION

MARBACH ENGINEERING DOES NOT WARRANT THAT WEBSITE INFORMATION IS APPROPRIATE FOR ANY PARTICULAR:

PROJECT
BUILDING
CLAIM
DISPUTE
REPAIR
JURISDICTION
PURPOSE

Nothing in this Section excludes or disclaims a warranty that applicable law does not permit to be excluded or disclaimed.

30. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARBACH ENGINEERING LLC AND ITS:

MEMBERS
MANAGERS
OWNERS
OFFICERS
EMPLOYEES
CONTRACTORS
CONSULTANTS
AGENTS
REPRESENTATIVES
AFFILIATES

SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR RELIANCE DAMAGES ARISING OUT OF OR RELATING TO:

USE OF THE WEBSITE
INABILITY TO USE THE WEBSITE
RELIANCE ON WEBSITE CONTENT
WEBSITE UNAVAILABILITY
LOSS OR CORRUPTION OF A WEBSITE SUBMISSION
THIRD-PARTY LINKS OR SERVICES
UNAUTHORIZED ACCESS BY THIRD PARTIES

INCLUDING, WITHOUT LIMITATION:

LOST PROFITS
LOST REVENUE
LOST BUSINESS
LOSS OF USE
PROJECT DELAY
BUSINESS INTERRUPTION
LOSS OF DATA
REPAIR COSTS
CONSTRUCTION COSTS
PROPERTY LOSS
DAMAGES ARISING FROM RELIANCE ON GENERAL WEBSITE INFORMATION

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF WHETHER A CLAIM IS CHARACTERIZED AS ARISING IN:

CONTRACT
TORT
NEGLIGENCE
NEGLIGENT MISREPRESENTATION
STRICT LIABILITY
STATUTE
EQUITY
OR ANOTHER LEGAL THEORY

AND REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE OR COMMUNICATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

31. MAXIMUM WEBSITE-RELATED LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MARBACH ENGINEERING LLC AND THE PROTECTED PARTIES IDENTIFIED IN THESE TERMS FOR ALL CLAIMS ARISING SOLELY FROM OR RELATING TO:

USE OF THE WEBSITE
WEBSITE CONTENT
WEBSITE FUNCTIONALITY
THESE TERMS

SHALL NOT EXCEED:

ONE HUNDRED U.S. DOLLARS (US $100).

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

This limitation applies only to general website-related claims.

It does not establish, replace, expand, or modify liability allocation applicable to professional or project-specific services performed under an Authorized Written Engagement.

32. NONWAIVABLE LIABILITY

Nothing in these Terms excludes, waives, or limits liability to the extent applicable law does not permit that liability to be excluded, waived, or limited.

This includes, where applicable, liability arising from:

Fraud
Willful misconduct
Gross negligence to the extent it may not lawfully be limited
Other nonwaivable conduct or liability

If a limitation contained in these Terms cannot lawfully be enforced as written, it shall be enforced to the maximum extent permitted by applicable law.

33. PROTECTION OF INDIVIDUAL PERSONNEL

Marbach Engineering LLC is the entity operating this website.

Website communications and website-related business activities are undertaken on behalf of Marbach Engineering LLC unless expressly stated otherwise in writing.

No individual:

Member
Manager
Owner
Officer
Employee
Contractor
Consultant
Agent
Representative

assumes personal contractual liability merely because of that role or because the individual participates in website communications on behalf of Marbach Engineering LLC.

Nothing in this Section excludes liability for an individual’s own conduct where applicable law does not permit such liability to be excluded.

34. INTERNAL LLC MATTERS

Marbach Engineering LLC is organized under the laws of the State of Wyoming and is registered to transact business in Florida.

For avoidance of doubt, the Florida choice-of-law provision contained below governs disputes arising from general website use and these Terms.

It does not displace Wyoming law where Wyoming law governs:

Organization of Marbach Engineering LLC
Internal affairs
Rights among members or managers
Liability of members as members
Liability of managers as managers

or another matter for which applicable law requires the law of the jurisdiction of formation to control.

35. INDEMNIFICATION FOR WEBSITE MISUSE

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Marbach Engineering LLC and its:

Members
Managers
Owners
Officers
Employees
Contractors
Consultants
Agents
Representatives
Affiliates

from and against third-party claims, demands, actions, liabilities, damages, losses, judgments, costs, and reasonable expenses arising from or relating to:

Your violation of these Terms
Your misuse of the website
Your unlawful submission of information
Your unauthorized disclosure of third-party information
Your infringement of intellectual-property rights
Your introduction of malicious code
Your fraudulent or unlawful conduct
Your material misrepresentation
Materials unlawfully submitted by you
Your violation of another party’s rights

This Section applies solely to third-party claims arising from:

Website misuse
Breach of these Terms
Website submissions
Conduct relating to the website

It does not create or modify indemnification obligations relating to:

Construction work
Consulting
Technical investigation
Professional training
Field services
Professional services
Other project activities

Such project-specific obligations, if any, may be addressed only in the applicable Authorized Written Engagement.

Marbach Engineering may assume control of the defense of a matter subject to indemnification where reasonably necessary to protect its interests.

You may not enter into a settlement that:

Admits liability on behalf of Marbach Engineering
Imposes a nonmonetary obligation on Marbach Engineering
Restricts Marbach Engineering’s rights

without Marbach Engineering LLC’s prior written consent.

Nothing in this Section requires indemnification to the extent prohibited by applicable law.

36. NO THIRD-PARTY RELIANCE

Website content is intended only for general informational purposes.

No third party acquires a right to rely upon:

Website content
Website communications
Preliminary correspondence
Unaccepted proposals
Unexecuted drafts
General descriptions of services

merely because the information is:

Publicly available
Received
Forwarded
Copied
Quoted
Reproduced

Project-specific reliance rights, if any, must arise from an applicable Authorized Written Engagement.

37. PROTECTED PARTIES AS THIRD-PARTY BENEFICIARIES

Marbach Engineering LLC’s:

Members
Managers
Officers
Employees
Contractors
Consultants
Agents
Representatives
Affiliates

are intended third-party beneficiaries solely of provisions in these Terms that expressly provide protection, indemnification, disclaimer, or limitation of liability in their favor.

Such persons may invoke those protections to the extent permitted by applicable law.

No other person or entity is an intended third-party beneficiary unless expressly stated.

38. ELECTRONIC COMMUNICATIONS

By communicating with Marbach Engineering electronically, you consent to receiving responsive communications electronically.

Electronic communications may include:

Email
Website confirmations
Electronic documents
Other digital communications

Electronic communications are not guaranteed to be secure.

Nothing in this Section requires Marbach Engineering to accept a professional engagement electronically unless the requirements for an Authorized Written Engagement are satisfied.

39. NO CONSENT TO SERVICE OF LEGAL PROCESS BY EMAIL

Publication of an email address on this website is for ordinary business communications.

It does not constitute voluntary consent by Marbach Engineering LLC or any individual associated with Marbach Engineering to service by email of:

Summons
Complaint
Subpoena
Writ
Petition
Formal legal notice
Other legal process

except where:

Applicable law validly authorizes such service;
A court validly orders such service; or
Marbach Engineering LLC expressly accepts that method of service in writing.

Nothing in this Section limits legally effective service accomplished in accordance with applicable law.

40. PRIVACY POLICY IS A SEPARATE NOTICE

Marbach Engineering maintains a separate Privacy Policy describing certain information-handling practices.

The Privacy Policy is a separate privacy notice.

Except to the extent required by applicable law or expressly agreed in an Authorized Written Engagement, the Privacy Policy:

Is not incorporated into these Terms as an independent contractual warranty
Does not create contractual rights beyond applicable law
Does not expand professional obligations
Does not expand duties established by an Authorized Written Engagement

Nothing in this Section limits rights that applicable privacy law independently provides.

41. GOVERNING LAW

These Terms and disputes arising solely from or relating to:

General use of the website
Website content
Website functionality
These Terms

shall be governed by the laws of the:

State of Florida

without regard to Florida conflict-of-law principles, except where:

Applicable federal law controls
Wyoming law governs internal LLC matters as described above
Another rule of law cannot lawfully be waived or displaced
An Authorized Written Engagement expressly provides otherwise with respect to a project-specific dispute

42. EXCLUSIVE VENUE AND JURISDICTION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY JUDICIAL PROCEEDING ARISING SOLELY FROM OR RELATING TO USE OF THIS WEBSITE, WEBSITE CONTENT, WEBSITE FUNCTIONALITY, OR THESE TERMS SHALL BE BROUGHT EXCLUSIVELY IN A STATE COURT OF COMPETENT JURISDICTION LOCATED IN MIAMI-DADE COUNTY, FLORIDA, OR, WHERE FEDERAL SUBJECT-MATTER JURISDICTION EXISTS, THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA.

Each party consents to personal jurisdiction and venue in those courts for such website-related disputes to the extent such consent is legally effective.

Project-specific disputes remain subject to governing-law, venue, arbitration, mediation, or other dispute-resolution provisions contained in the applicable Authorized Written Engagement.

43. WAIVER OF JURY TRIAL

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY DISPUTE ARISING SOLELY FROM OR RELATING TO THESE TERMS, GENERAL USE OF THE WEBSITE, WEBSITE CONTENT, OR WEBSITE FUNCTIONALITY.

This provision applies only to website-related disputes governed by these Terms.

It does not modify any dispute-resolution provision contained in an Authorized Written Engagement.

44. EQUITABLE RELIEF

Nothing in these Terms prevents Marbach Engineering from seeking temporary, preliminary, permanent, injunctive, or other equitable relief where available under applicable law and reasonably necessary to protect:

Intellectual property
Branding
Confidential business information
Website security
Computer systems
Data
Legal rights

45. NONWAIVABLE RIGHTS AND OBLIGATIONS

Nothing in these Terms is intended to exclude, waive, restrict, or limit any:

Right
Obligation
Duty
Remedy
Liability

that applicable law does not permit the parties to exclude, waive, restrict, or limit.

Each provision shall be interpreted and enforced to the maximum lawful extent consistent with that principle.

46. SEVERABILITY AND REFORMATION

If a provision of these Terms is determined to be:

Invalid
Illegal
Unenforceable

the provision shall, where permitted by applicable law, be interpreted, limited, or reformed to the minimum extent reasonably necessary to make it enforceable while preserving its intended protective purpose as closely as legally possible.

If lawful reformation is not available, the affected provision shall be severed.

The remaining provisions shall remain in effect.

47. NO WAIVER

Failure by Marbach Engineering to enforce any provision does not constitute waiver of:

That provision
Any other provision
Any subsequent breach
Any legal right
Any remedy

A waiver by Marbach Engineering is effective only if expressly made in writing by an authorized representative of Marbach Engineering LLC.

48. ASSIGNMENT

You may not assign or transfer rights or obligations arising under these Terms without prior written consent from Marbach Engineering LLC.

Marbach Engineering may assign or transfer its rights or obligations under these Terms in connection with:

Reorganization
Merger
Acquisition
Sale
Transfer of business assets
Successor business operation

subject to applicable law.

49. NO PARTNERSHIP, JOINT VENTURE, AGENCY, OR EMPLOYMENT

Use of the website does not create:

Partnership
Joint venture
Agency
Employment
Franchise
Fiduciary relationship

between a website user and Marbach Engineering.

No website user has authority to bind Marbach Engineering LLC.

50. SURVIVAL

Provisions that by their nature are intended to survive cessation of website use or termination of the website-use relationship shall survive, including provisions concerning:

Submitted materials
Intellectual property
Trademarks
Disclaimers
Limitations of liability
Indemnification
Personal-liability protections
No third-party reliance
Governing law
Venue
Jury-trial waiver
Other provisions reasonably intended to continue

51. HEADINGS

Section headings are provided for convenience and organization only.

They do not limit, expand, or alter the meaning of any provision.

52. ENTIRE AGREEMENT REGARDING GENERAL WEBSITE USE

These Terms constitute the entire agreement between the accepting user and Marbach Engineering concerning general use of the website.

They supersede prior representations or understandings concerning general website use.

They do not replace, modify, expand, or supersede an Authorized Written Engagement.

The Privacy Policy remains a separate privacy notice as described above.

53. CHANGES TO THESE TERMS

Marbach Engineering may update these Terms from time to time.

The current version will be posted on this page with an updated “Last Updated” date.

Changes apply prospectively to website use occurring on or after the stated effective date.

Material changes will not retroactively alter contractual rights or obligations arising from prior conduct except where:

Permitted by applicable law; and
Supported by legally sufficient notice, agreement, or renewed assent where required.

Marbach Engineering may request renewed affirmative acceptance where reasonably appropriate or legally required.

54. RECORDS OF ASSENT AND VERSION CONTROL

Where affirmative acceptance of these Terms is collected electronically, Marbach Engineering or its service providers may maintain records reasonably related to that acceptance, including where available:

Date and time
Submission record
Acceptance status
Technical metadata
Version of the Terms
Other information reasonably necessary to establish or administer the acceptance

The version of the Terms associated with a recorded affirmative acceptance governs that website submission unless applicable law or a later Authorized Written Engagement requires otherwise.

The absence of a particular category of technical record does not by itself determine whether legally sufficient assent occurred.

55. CONTACT

Questions concerning these Terms may be directed to:

Marbach Engineering LLC

https://www.marbach-engineering.com/contact