VIOLATIONS: In the event that User breaches any Terms set forth in this Agreement, Company may cancel User’s access to the Site and Company’ services without notice or refund. Company reserves the right to seek all legal remedies available in event of such breaches to the Terms set forth in this agreement.
SITE CONDUCT: User shall use the Site for lawful purposes only. User shall not transmit through the Site, or social media channels used by Company for marketing purposes, including but not limited to Youtube or Linkedin, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Company’ discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. As a condition of User’s use of the Site, User warrants that they will not use the Site or any of the resources available for download for any purpose that is unlawful or prohibited by these Terms. User may not use the Site or any of the resources available for download from the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. No part of the Company’ materials may be reproduced on any bulletin boards, websites, online chat-rooms or any other means of communication without express written consent of the Company management. Sharing of passwords and accounts is strictly prohibited. Company’ materials are designed to be accessed online only, and all printing of materials are strictly prohibited. Failure to comply with these prohibitions will result in automatic termination of account services without notice or refund and Company reserves the right to seek all legal remedies available in law and equity for such breaches.
SITE CONTENT AND PROFESSIONAL ADVICE/MATERIALS: The information contained on this Site and the resources available for download, transmission or view through this Site should not be solely relied upon for professional advice. Neither the Company nor any of its consultants, employees or other representatives shall be held liable or responsible for any errors or omissions on the Site or for any damage the User may suffer as a result of failing to seek competent advice from a professional who is familiar with the unique circumstances of the User. Further, the Company may work with other partners and affiliates. It remains the User’s personal responsibility to investigate whether any partners or affiliates of the Company are the ideal fit for their needs. Moreover, the Site contains testimonials by past clients. The testimonials are actual statements made by clients which have been truthfully depicted on this Site. The results of the clients, however, are not necessarily typical and that the listed testimonials are not a guarantee of results for any services provided by the Company. Except as otherwise provided, the User acknowledges and agrees that they have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the content available on the Site or provided to the User by the Company in any manner.
COMMUNICATION: Visiting the Site or sending emails to the Company constitutes electronic communications. User consents to receive electronic communications and User agrees that all agreements, notices, disclosures, and other communications that Company provided to User electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. User agrees to use the communication services only to post, send and receive messages and material that are proper and related to the particular purpose. User agrees never to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. The Company reserves the right to terminate access to any or all of the communication services at any time without notice for any reason whatsoever.
DATA COLLECTION: The Company uses information User provides to deliver high-level product and/or service offerings and improve Company’s overall performance and Site. As the User navigates through the Site, the Company may use automatic data collection technologies including Google Analytics to collect certain information browsing actions and patterns. This will generally include information regarding User’s location, traffic pattern through the Company’s Site, and any communications between User’s computer (IP address, browser type) and the Site. The information Company collects automatically is used for statistical data and will not include personal information. The Company utilizes a standard technology called “cookies” and server logs to collect information regarding how Site is utilized. Information gathered through cookies and server logs can include the date and time of visits, the pages viewed, time spent at our site, as well as User’s IP address. User may opt out of any future communication from Company at any time by contacting Company via telephone or email.
DISCLAIMER OF WARRANTIES: The information, services, products and materials contained in or described on this Site are provided by company “as is.” Company makes no, and hereby disclaims, all representations or warranties of any kind, express or implied as to the operation of the Site, information, content, materials, services or products referenced on this Site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, implied warranties arising from course of dealing or course of performance, or warranties that defects will be corrected or that the Site or the server that makes it available will be free of viruses or other harmful components. In addition, although Company believes all information accessible on or via the Site to be accurate as of the time of its publication, Company cannot, and does not, represent, guarantee or warrant that the information accessible on or via the Site is accurate, complete, or current, and company is not responsible for any errors or omissions therein, or results obtained from using such information.
LIMITATION OF LIABILITY: Company will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to, direct, indirect, special, incidental, exemplary, punitive, and consequential damages, even if company has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use, or performance of the Site, the system or any information, services, products and materials available on or via this Site. Under no circumstance will Company be held liable for any loss or damage caused by a User’s reliance on information obtained through the Site. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Company is not liable for the defamatory, offensive or illegal conduct of other users, employees, or third-parties and that the risk of injury from the foregoing rests entirely with User. User hereby acknowledges that the provisions of this section shall apply to all content on the Site. If User is dissatisfied with any portion of the Site, or with any of these Terms User’s sole and exclusive remedy is to discontinue using the Site and services.
LINKS TO THIRD PARTY SITES: Certain links of third parties on Site will lead User to leave the Site. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Site.
INDEMNITY: The User agrees to defend, indemnify and hold Company, and its affiliates, managers, members, officers, employees, agents and other representatives harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of Company services, User’s use of this Site, User’s violation of the Terms, or User’s violation of any rights of a third party.
GENERAL DISCLAIMER: Company is not a certified public accounting firm or a legal practice firm. All of the material contained within the Site is solely the opinions, writing, and work of the Company. Site is not intended to be a source of advertising, solicitation of legal advice. Use of the Site including content, resources, and suggestions does not in any way create a Professional-Client Relationship between User and Company. User must register, sign an agreement, and pay for Services to create a Professional-Client Relationship with Company.
TECHNICAL ACCESS: Company intends the Site to be available 24-hours per day, 7 days per week. In the event the Site should become unavailable temporarily, or access to the Site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may, from time to time, make the Site inaccessible for Users, Company will not be liable for damages or refunds that result from such unexpected delays.
PROPRIETARY RIGHTS: Unless otherwise indicated, all content on this Site, including but not limited to designs, text, graphics, logos, button icons, images, data compilations, software, and the overall “look and feel” of the Site; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to Company, and are protected by applicable intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of the Company and are likewise protected by applicable intellectual property laws. The User will not be granted ownership of any of Company’ material or services but will be allowed exclusive access to material purchased and memorialized by contractual agreement with Company.
TRADEMARKS: Company name, the Company Logo, Company Slogan, and related materials and graphics on the Site are trademarks owned by Company (“Company Trademarks”). Use of the Company Trademarks in connection with any product or service that does not belong to Company, or in any manner that is likely to cause confusion among users about whether Company are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits Company is strictly prohibited.
UPDATING TERMS: The material appearing on Company’ Site may include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its Site are accurate, complete, or current. Company may make changes to the materials contained on its Site at any time without notice. Company reserves the right to, at any time, modify, revise or update the Site or these Terms, and the User agrees to be bound by such modifications, revisions or updates. User should periodically check these Terms to be acquainted with any such modifications, revisions and updates. User’s continued use of this Site and Company Services constitutes an acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective. The Company encourages User to periodically review the Terms to stay informed of Company updates.
CHOICE OF LAW: The material provided on this Site is protected by law. To the extent that User attempts to assert any claim against Company, User hereby expressly agrees to present such claim only through binding arbitration in Los Angeles, California. User agrees to hereby conduct an arbitration related solely to any individual claims User and/or any entity related to User asserts against the Company. To the fullest extent permissible by law, User further agrees that they shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. In the event of decision rendered against the Company, damages cannot exceed the contract price. Further, the failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by arbitration to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT: Any rights not expressly granted herein are reserved. These Terms constitute the entire agreement between the User and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be interpreted through its plain and literal meaning and shall be construed in accordance with the laws of the State of California.
HEADINGS: The section headings used herein are for convenience only and shall not be given any legal import.
If User has any questions regarding the Terms, User should contact the Company at firstname.lastname@example.org or call (657) 234-VEGA.
Effective as of September 20, 2017