Terms of Service
Please read these terms carefully before using our services.
Agreement to Terms
Last Updated: October 27, 2023
These Terms of Service ("Terms") govern your access to and use of the ConsultGuide website (the "Site") and any content, features, and services offered by ConsultGuide ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Site.
1. Use of the Site
Eligibility: You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement. This Site is intended for users who are looking for information on how to select consultants and related services.
License to Use Site: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Site for your personal, informational, non-commercial use, strictly subject to these Terms. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
Prohibited Activities: You agree not to engage in any of the following prohibited activities, which are grounds for immediate termination of your access to or use of the Site:
- Copying, distributing, modifying, transmitting, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping."
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional on-line web browser (except that ConsultGuide grants the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Transmitting spam, chain letters, or other unsolicited email. Attempting to promote or sell products or services without our express prior written approval.
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site. This includes probing, scanning, or testing the vulnerability of any system or network.
- Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, Trojan horses, or other software agents or harmful code through the Site.
- Collecting or harvesting any personally identifiable information, including account names, email addresses, or other such information, from the Site.
- Using the Site for any commercial solicitation purposes without our express written consent.
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or engaging in any other deceptive activities.
- Interfering with the proper working of the Site or any activities conducted on the Site.
- Accessing any content on the Site through any technology or means other than those provided or authorized by the Site.
- Bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
- Using the Site in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
2. Intellectual Property Rights
The Site and its original content (excluding content provided by users, if any), features, and functionality are and will remain the exclusive property of ConsultGuide and its licensors. The Site is protected by copyright, trademark, patent, trade secret, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ConsultGuide. You acknowledge that all intellectual property rights in the Site and its content are owned by us or our licensors. Nothing in these Terms grants you any rights to use any of our intellectual property except as expressly stated.
3. User Content (If Applicable)
If the Site allows you to post, upload, input, provide or submit content ("User Content"), you must ensure that the User Content is true, accurate, current, and complete, and does not infringe the intellectual property rights of any third party. We do not own, control, or endorse User Content and are not responsible or liable for it. You are solely responsible for your User Content and represent that you have all necessary rights to it and that it doesn't violate any law or third-party rights. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and our business.
4. Disclaimer of Warranties; Limitation of Liability
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONSULTGUIDE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL CONSULTGUIDE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO THE AMOUNT YOU PAID US, IF ANY, TO USE THE SITE.
5. Indemnification
You agree to defend, indemnify, and hold harmless ConsultGuide and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Site.
6. Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which ConsultGuide is established, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
7. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will endeavor to provide at least 30 days' notice prior to any new terms taking effect by posting the new Terms on the Site. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
8. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon termination, your right to use the Site will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Contact Us
If you have any questions about these Terms, please contact us at:
ConsultGuide
Email:
[email protected]
Address: 123 Knowledge Drive, Decision City, DC 45678, United
States
This is a template terms of service. You should customize it to fit your specific practices and consult with a legal professional to ensure compliance with all applicable laws and regulations.