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Terms
of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on Jan.
12th 2009
This Terms of Use Agreement sets forth the standards of use
of the Consultants List Online Service. By using the consultantslist.net
website
you (the “Member”) agree to these terms and conditions.
If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We
reserve the right, at any
time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications shall become
effective
immediately
upon being posted at consultantslist.net website. Your continued
use of the Service after amendments are posted constitutes
an acknowledgement
and acceptance of the Agreement and its modifications. Except
as provided
in this paragraph, this Agreement may not be amended.
1. Description of Service
Tailored Development & Consultants List is providing Member with ad
posting website. Member must provide (1) all equipment necessary for their
own Internet connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate
with such connection.
2. Disclaimer of Warranties.
The site is provided by Tailored Development on an “as is” and
on an “as available” basis. To the fullest extent permitted
by applicable law, Tailored Development & Consultants List makes no
representations or warranties of any kind, express or implied, regarding
the use or the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. Tailored Development & Consultants List
shall have no liability for any interruptions in the use of this Website.
Currently our site is hosted via GoDaddy.com and if that service goes down
we are not responsible for any outages, delays or system failures. Tailored
Development & Consultants List disclaims all warranties with
regard to the information provided, including the implied warranties
of merchantability and fitness for a particular purpose, and
non-infringement.
Some jurisdictions
do not allow the exclusion of implied warranties, therefore
the above-referenced exclusion is inapplicable.
3. Limitation of Liability
TAILORED DEVELOPMENT & CONSULTANTSLIST SHALL NOT BE LIABLE
FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR [INSERT NAME OF COMPANY]
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR
INCIDENTAL DAMAGES,
OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE,
ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION
CONTAINED
IN IT, WHETHER
SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE,
IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF [INSERT NAME OF COMPANY]
HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW
FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS
IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Tailored Development & Consultants
List, its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of Member’s
use of the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service using Member’s computer,
of any intellectual property or any other right of any person
or entity.
5. Modifications and Interruption to Service
Tailored Development & Consultants List reserves the right
to modify or discontinue the Service with or without notice to
the Member.
[Insert Name of Company] shall not be liable to Member or any
third
party should
[Insert Name of Company] exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that [Insert Name
of Company] does not guarantee continuous, uninterrupted or secure
access to
our website
and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our
control.
6. Third-Party Sites, Content, and Services
Our website may include links to other sites on the
Internet that are owned and operated by online merchants
and other
third parties. You acknowledge that we are not responsible
for the
availability
of, or the
content located on or through, any third-party
site. You should contact the site administrator or webmaster
for those
third-party sites if you
have any concerns regarding such links or the content
located on such sites. Your use of those third-party
sites is subject
to the
terms of use and
privacy policies of each site, and we are not responsible
therein.
We encourage all Members to review said privacy
policies of third-parties ’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information,
Sale Items
Product specifications and other information have
either been provided by the Vendors or collected
from publicly
available sources.
While Tailored Development & Consultants List, makes every effort
to ensure that the information on this website is accurate, we
can make no
representations or warranties as to the accuracy or reliability
of any information
provided
on this website.
Tailored Development & Consultants List makes no warranties or
representations whatsoever with regard to any product provided
or offered by any
Vendor, and you acknowledge that any reliance on representations
and warranties
provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts California
Our website is operated and provided in the State
of California. As such, we are subject to the
laws of the State California,
and such laws will govern this Terms of Use,
without giving effect to any choice of law
rules. We make no representation that our website
or other services are appropriate, legal or
available for use in
other locations. Accordingly,
if you choose to access our site you agree
to do so subject to the internal laws of the State California.
9. Compliance with Laws.
Member assumes all knowledge of applicable
law and is responsible for compliance with
any such laws. Member may not
use the
Service in any way that violates applicable
state,
federal, or international laws, regulations
or other government requirements. Member
further agrees not to transmit any material that encourages
conduct
that could constitute
a criminal offense,
give rise to civil liability or otherwise
violate any
applicable local, state, national, or international
law or regulation.
For a partial list
of items for sale and services that are prohibited
from advertising on consultantslist.net email:
prohibited@consultantslist.net
10. Copyright and Trademark Information
All content included or available on this
site, including site design, text, graphics,
interfaces, and the
selection and arrangements
thereof
is ©2009 consultantslist.net, with all rights reserved, or is
the property of Tailored Development and/or third parties protected
by intellectual property rights. Any use of materials on the
website,
including reproduction
for purposes other than those noted above, modification, distribution,
or replication, any form of data extraction or data mining,
or other commercial exploitation of any kind, without prior written
permission of an authorized
officer of Tailored Development is strictly prohibited. Members
agree that they will not use any robot, spider, or other automatic
device, or manual
process to monitor or copy our web pages or the content contained
therein without prior written permission of an authorized officer
of Tailored Development
Tailored Development & Consultants List and consultantslist.net are
proprietary marks of tailoreddevelopment.com & consultantslist.net.
Tailored Development’s trademarks may not be used in connection
with any product or service that is not provided by Tailored
Development, in
any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Tailored Development.
All other trademarks displayed on Tailored
Development and Consultants List’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation
of those
Vendors. In addition, such use of trademarks or links to the
web
sites of Vendors
is not intended to imply, directly or indirectly, that those
Vendors endorse or have any affiliation with Tailored Development.
11. Notification of Claimed Copyright
Infringement
Pursuant to Section 512(c) of the Copyright
Revision Act, as enacted through the
Digital Millennium Copyright Act, Tailored
Development & consultantslist.net
designates the following individual as its agent for receipt
of notifications of claimed copyright infringement.
Tailored Development
Consultantslist.net
By Email: copyright@consultantslist.net
12. Botnets
Tailored Development & Consultants List retains the right, at our sole
discretion, to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control points for
botnets, Tailored Development & Consultants List reserves the
right to direct the involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use
Agreement shall be unlawful, void
or unenforceable for any reason, the other provisions
(and
any partially-enforceable provision)
shall not be affected
thereby
and shall remain valid and enforceable
to the maximum possible extent. You
agree
that
this
Terms
of
Use Agreement and any other agreements
referenced herein may be assigned
by Tailored Development & Consultants List, in our sole discretion, to a
third party in the event of a merger or acquisition. This Terms of
Use Agreement shall apply in addition to, and shall not be
superseded
by, any other written
agreement between us in relation to your participation as a
Member. Member agrees that by accepting this Terms of Use Agreement,
Member
is consenting
to the use and disclosure of their personally identifiable
information
and other practices described in our Privacy Policy Statement.
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