Firmsconsulting LLC. welcomes you. We invite you to access and use our Websites.
These terms apply, without any restrictions both applied or assumed, to all interaction, electronic or otherwise and through any communication medium, with Firmsconsulting.
Any user who registers with us (each, a “Registered User”) and wishes to lease a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.
The sections below titled “binding arbitration” and “class action waiver” contain a binding arbitration agreement and class action waiver. They affect your legal rights.
1. DESCRIPTION AND USE OF OUR WEBSITES
We provide Visitors and Registered Users with access to the Services and Products as described below.
Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can:
Registered Users can do all the things that Visitors can do, and:
1.1 USE OF OUR CONTENT
Firmsconsulting is only a subscription service and does not sell any content on our digital properties. We do not transfer ownership to you for any services, products or content in any form or manner whatsoever.
You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download (other than through caching media files in our Apps necessary for personal use or through an individual non-resale use license on our knowledge management system for PDF files), stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or re-transmit the content unless expressly permitted by Firmsconsulting in writing.
Users who download or attempt to download material, share passwords to their accounts or our breach terms and conditions in any other way will have their accounts suspended or terminated without any financial recourse. Once an account is suspended a user cannot rejoin the site and there is no “cooling off” period. A suspended user must cancel their account to prevent future billing.
License to use the SLIDES service. Subject to the terms and conditions of this Agreement, SLIDES members are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Firmsconsulting reserves all rights not expressly granted herein in the Service and the Firmsconsulting Content (as defined below). Firmsconsulting may terminate this license at any time for any reason or no reason.
Approved members of SLIDES are aloud to edit and download only in PDF format and only content within our Advanced Knowledge Management System (aka SLIDES) for individual client work only. We expressly forbid the use of SLIDES content in any competing with Firmsconsulting offering / work, including but not limited to use in courses, books, articles, programs or any other use other than use with individual clients (internal or external). The use of SLIDES content and access to SLIDES content is expressly forbidden for any individual or organization who is a Firmsconsulting’s competitor or in the exploratory stages of forming a competitor.
While Firmsconsulting SLIDES members are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service for individual client work only, Firmsconsulting retains full copyright for all resources available within SLIDES/Advanced Knowledge Management System or any other Firmsconsulting resources.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Firmsconsulting servers (including SLIDES, StrategyTraining.com/apps, StrategyTV.com/apps and other Firmsconsulting platforms) than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Firmsconsulting Content in any manner that might tarnish, disparage, or reflect adversely on such Firmsconsulting Content; (xiv) using the Service or any Firmsconsulting Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Firmsconsulting trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Firmsconsulting trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Firmsconsulting; (xviii) uploading any content that is sexual or pornographic or links to such material.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Firmsconsulting Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Firmsconsulting prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Firmsconsulting may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Firmsconsulting in each instance.
Private 1-on-1 coaching hours must be used within 24 months from the date of payment for such coaching services.
You are solely responsible for your interactions with other Firmsconsulting Users. We reserve the right, but have no obligation, to monitor disputes between you and other Firmsconsulting. Firmsconsulting shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2.2 TRADEMARK RIGHTS
Firmsconsulting(R) is a registered trademark. The names, trademarks, service marks, and logos of Firmsconsulting belong exclusively to Firmsconsulting and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of Firmsconsulting or any third party.
2.3 COMPETITOR ACCESS
We expressly forbid competitors and/or organizations, individuals or any other legal or unincorporated entities in the exploratory stages of forming a competitor from accessing any of our content. Firmsconsulting will disable all such accounts without any financial recourse to the competitors and/or organizations, individuals or any other legal or unincorporated entities in the exploratory stages of forming a competitor.
3. COMMUNITY GUIDELINES
The Firmsconsulting community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
5. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for Registered Users, we will ask you to create an account, which includes a username name (“Username Name”), a password (“Password”), and additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).
Certain information you provide when creating an account will be made available to the public. This may include you your username, name, location and bio.
When creating your account, you must provide true, accurate, current, and complete information. Each Username Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below) is a material breach of this Agreement.
You are solely responsible for the confidentiality and use of your Username Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Username Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Username Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Firmsconsulting will not be liable for any loss or damage caused by any unauthorized use of your account.
6. FEES AND PAYMENT
Non-Subscription billing. You may be required to make a payment for a non-subscription service such as our 1-on-1 coaching and/or books. You will be required to complete the payment manually of your own free will. We do not verbally accept credit card and/or banking details to process transactions on behalf of clients. Through the act of completing any and all payment/s to us you acknowledge acceptance of these terms. If you do not accept these terms please do not complete the payment. When you complete a payment we do not have access to your banking details since they are managed by 3rd party payment processors. ALL SUCH PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS FOR PARTIALLY USED OR UNUSED PERIODS.
Eligibility. You are eligible to use our subscription-based content up to the end of your paid monthly billing period. For 1-on-1 coaching you must begin and end the training program within 24 months of joining the program. At our sole discretion we may allow the training to progress past the 24 month cut-off time. In these situations the need to extend the cut-off time needs to be communicated to us well before the cut-off period.
Recurring Billing. By starting your Firmsconsulting membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Firmsconsulting service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. If you opt-in to receive payment notifications, we will send notification on the day your credit card is charged to the email address you provide us.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. FAILURE TO CANCEL YOUR MEMBERSHIP FOR ANY REASON WILL NOT LEAD TO A REFUND. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Manage your Account” link, available at the bottom of the pages of the Firmsconsulting website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Firmsconsulting membership at any time, and you will continue to have access to the Firmsconsulting service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MATERIAL. To cancel, go to the “Manage your Account” page on our website and follow the instructions for cancellation. Cancellations can only be made through our website at www.firmsconsulting.com and not through our digital applications. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click the “Manage your Account” page. If you signed up for Firmsconsulting using your account with a third party as a Payment Method, and wish to cancel your Firmsconsulting membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Firmsconsulting service through that third party. You may also find billing information about your Firmsconsulting membership by visiting your account with the applicable third party. You must cancel your membership at least 24 hours before it is due for renewal in order to avoid billing of the membership fees for the next billing cycle to your Payment Method.
Firmsconsulting Insider. When billed monthly FC Insider status is gained after being a Premium member for 6 consecutive months (on the 7th billing). When billed monthly FC Insider status is lost when a Premium membership breaks, ends, cancels or lapses for any reason for more than 14 days for any reason. After 14 days the subscription is treated as “broken,” access cannot be restored and all credits and/or access to FC Insider are lost. To regain FC Insider status, a member will need to activate their Premium subscription and remain an active Premium subscriber for another 6 consecutive full months after rejoining. During this time they will have access to StrategyTV.com/apps but will not have access to StrategyTraining.com/apps. During the 14 day lapsed-billing period access is blocked but members will immediately return to FC Insider status upon resuming their membership. If payment fails for any reason and a member corrects the payment problem within 14 days, the renewal date will automatically switch to the new date on which the payment problem was corrected. Since FC Insider status requires no lapse in the billing we will automatically bill you a pro-rated amount for the lapsed billing equal to: your subscription daily fee x # days renewal date pushed forward. We reserve the unconditional right to make any changes, without notice, including, but not limited to, adding and removing programs, and changing access conditions. We also reserve the exclusive, unconditional and non-negotiable worldwide right to deny an eligible member access to FC Insider for any reason. However, such an action usually occurs when a member is no longer in good standing (e.g. in breach of our terms and conditions).
Account Management. Managing accounts, including the process of cancellation is the sole responsibility of the member. Firmsconsulting does not handle/manage any accounts on behalf of clients. We may review account details on behalf of a client but it is the responsibility of the member to make any and all necessary changes.
7. INTELLECTUAL PROPERTY
Users of our Websites hereby understand that the material, such as tools, processes, strategies, videos, graphics, images, sound recordings, information presented on our Websites, and other material provided by or on behalf of Firmsconsulting (collectively referred to as the “Content”) is copyrighted and proprietary, so users agree not to record, download, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Websites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Firmsconsulting may pursue legal action and full damages if these terms are violated in order to protect its rights.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content. All goodwill generated from the use of Firmsconsulting Trademarks inures to our benefit.
8. REGISTERED USER CONTENT; LICENSES
As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. You, and not Firmsconsulting, are entirely responsible for all your registered user content that you upload, post, email, or otherwise transmit via the websites, and you will indemnify us in respect of any loss, liability, claim, or damage suffered or incurred by us in connection with your registered user content.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Firmsconsulting, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Firmsconsulting that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Firmsconsulting and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
9. COMMUNICATIONS WITH US
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any materials or information including but not limited to ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
THE INFORMATION, SERVICES, PRODUCTS, TRAINING PROGRAMS, CLAIMS AND MATERIALS ON OUR WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED EFFECTIVENESS OF THE IDEAS OR TECHNIQUES LISTED ON THIS WEBSITES AS WELL AS THOSE THAT ARE PROVIDED IN OUR PRODUCTS AND TRAINING PROGRAMS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS, INFORMATION OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Websites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
To the maximum extent permitted by applicable laws:
(i) we shall not be subject to liability for any delays or interruptions of the website from whatever cause, and you agree that you use the content and the websites at your own risk;
(ii) we disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade;
(iii) we shall not be liable for any damages whatsoever (including, without limitation, direct, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the websites or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
If your use of the websites or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs unless required by applicable laws. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.
The websites may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or other errors listed on the Websites. The Websites may contain information on certain products and services, not all of which are available in every location. A reference to a product or service on the Websites does not imply that such product or service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the websites at any time without notice.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Firmsconsulting, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Firmsconsulting be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Firmsconsulting assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Firmsconsulting, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Firmsconsulting hereunder or $100.00, whichever is greater.
No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, Firmsconsulting shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Firmsconsulting has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
Firmsconsulting makes no representations that the Service is appropriate or available for use in locations other than United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Websites or Firmsconsulting other platforms, or any products or services provided pursuant to the Websites or Firmsconsulting other platforms, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Websites or other Firmsconsulting platforms or for using our services. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Websites or at one of our events. We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Websites or other Firmsconsulting platforms or in our marketing materials.
12. NO PROFESSIONAL ADVICE
The information contained in or made available through the Websites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Websites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Websites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
13. EXTERNAL SITES
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
14. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
If you are a Registered User, you hereby represent, warrant, and covenant that:
15. COMPLIANCE WITH APPLICABLE LAWS
Content displayed on our website may be stored on servers in multiple countries. We may move data securely between said servers. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Nevada. If you access the Websites or the Content from outside of Nevada, you do so at your own risk. Whether inside or outside of Nevada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
16. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
17. DIGITAL MILLENNIUM COPYRIGHT ACT
Firmsconsulting respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our copyright agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notice of claims of copyright infringement is Firmsconsulting LLC who can be reached as follows:
By mail: 187 E. Warm Springs Rd., Suite B158, Las Vegas, NV 89119
By e-mail: email@example.com
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our copyright agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
18. CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the Great State of Nevada in the United States of America without regard to its conflict of laws of other provisions.
19. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites including provision of our products and services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration. Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal, if applicable.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Las Vegas. Firmsconsulting LLC. may litigate in court to seek injunctive relief.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Firmsconsulting are each waiving the right to a trial by jury or to participate in a class action.
20. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
As discussed in Section 4 of this Agreement, in order to become a Registered User, you are required to provide us with specified personal information. This information is used to communicate with you and to improve the efficiency of your experience with the Website. Webpages requiring information from you are clearly marked and contain input fields which identify required information.
Although it is our policy not to resell the information you give us, we reserve the right to, from time to time, use this information to notify you of future product releases, company events and other information either via e-mail, mail, or telephone. We may contract a third party (such as a professional telemarketing firm or a bonded direct mail house) to perform this task.
Registered users are also reminded to refer to Section 7 of this Agreement in relation to any Registered User Content they may provide to Firmconsulting.
22. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “Firmsconsulting Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Firmsconsulting and its licensors (including other Users who post User Content or contribute to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Firmsconsulting Content. Use of the Firmsconsulting Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
23. FIRMSCONSULTING PROPERTY
Certain aspects of the service (including but not limited to the Community) may allow you to obtain certain reputational or status indicators (“Firmsconsulting Property”). You understand and agree that regardless of terminology used, Firmsconsulting Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Firmsconsulting’s sole discretion. Firmsconsulting Property is not redeemable for any sum of money or monetary value from Firmsconsulting at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Firmsconsulting on Firmsconsulting servers or servers used by Firmsconsulting, including without limitation any data representing or embodying any or all of your Firmsconsulting Property. You agree that Firmsconsulting has the absolute right to manage, regulate, control, modify and/or eliminate Firmsconsulting Property as it sees fit in its sole discretion, in any general or specific case, and that Firmsconsulting will have no liability to you based on its exercise of such right. All data on Firmsconsulting’s servers or servers used by Firmsconsulting are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Firmsconsulting’s servers, may be deleted, altered, moved or transferred at any time for any reason in Firmsconsulting’s sole discretion, with or without notice and with no liability of any kind. Firmsconsulting does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Firmsconsulting’s servers or servers used by Firmsconsulting.
You agree to defend, indemnify and hold harmless Firmsconsulting and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
25. NO WARRANTY
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Firmsconsulting, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and any media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
Firmsconsulting does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Firmsconsulting service or any hyperlinked website or service, and Firmsconsulting will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Firmsconsulting without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
27. NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Firmsconsulting’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import.
This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.