Elizabeth Cifers Consulting Website Terms of use

1. Acceptance of the Terms of Use.  

These terms of use are entered into by and between You and Elizabeth Cifers Consulting  (“Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms of Use”) govern your access to and use of our website at www.elizabethcconsulting.com, including any content, functionality, and services offered on or through the same (the “Website”).  

Please read these entire Terms of Use carefully before you use the Website, as by using the Website, you agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use, do not access or use the Website.  

2. Your Access & Use of the Website.  

We may remove, edit, or update the Website at any time in our sole discretion. We are not liable for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire  Website. We may update the content on this Website from time to time but are under no obligation to do so. The content on the Website is not necessarily complete or up-to-date and may be out of date at any given time.  

It is a condition of your use of the Website that all the information you provide, including  User Content, as defined herein, is governed by these Terms of Use and our Privacy Policy. We have the right to suspend or disable your access and use of the Website, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of  Use.  

3. Intellectual Property Rights.  

You are prohibited from using the Website to infringe on the Company’s or any other third party’s intellectual property rights. The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video,  and audio, and the design, selection, and arrangement thereof) are owned by Elizabeth Cifers  Consulting, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal,  non-commercial use only.  

You must not reproduce, distribute, modify, create derivative works of, publicly display,  publicly perform, republish, download, store, or transmit any of the material on our Website,  with the following exceptions: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; (c) you may print

or download one (1) copy of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (a) modify copies of any materials from the Website or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; or (b) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.  

The name “Elizabeth Cifers Consulting,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4. Restrictions.  

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (a) in any way that violates any applicable federal,  state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (b) to exploit or harm others in any way; (c) to transmit, or procure the sending of, any advertising or promotional material, such as junk mail, spam, or other solicitations; (d) to impersonate or attempt to impersonate the Company, a Company employee, another Website visitor, or any other person or entity; (e) to engage in any other conduct that restricts or inhibits other visitors’ use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website.

You also agree to not: (a) use the Website in any manner that could disable, overburden,  damage, or impair the Website or interfere with any other visitors’ use of the Website; (b) use  any robot, spider, or other automatic device, process, or means to access the Website for any  purpose, including monitoring or copying any of the material on the Website by “scraping” or  other means; (c) use any manual process to monitor or copy any of the material on the Website,  or for any other purpose not expressly authorized in these Terms of Use; (d) use any device,  software, or routine that interferes with the proper working of the Website; (e) introduce any  viruses, Trojan horses, worms, or other material that is malicious or technologically harmful to  the Website; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any  parts of the Website and/or the server on which the Website is stored; (g) attack the Website via  a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to  interfere with the proper working of the Website.

5. User Content.  

The Website may contain interactive features, such as contact forms and scheduling features that allow you to submit content (such as data, text, software, music, sound,  photographs, graphics, video, messages, or any other materials whatsoever), on or through the  Website (“User Content”). You agree, represent, and warrant that any User Content you post to or transmit through the Website is truthful, accurate, not misleading and offered in good faith,  and that you have the right to post or transmit such information and to grant the licenses in the  User Content herein. You are responsible for all User Content and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.  

Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on or through the Website, you grant us and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform,  display, distribute, and otherwise disclose to third parties any such material for any purpose.  User Content must comply with all applicable federal, state, local, and international laws and regulations.  

We have the right to: (a) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company; (b) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (c) take appropriate legal action, including without limitation,  referral to law enforcement, for any illegal or unauthorized use of the Website; (d) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND  HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE  PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE  COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY  EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

6. Reliance on Information Posted.  

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include, or link to, content provided by third parties. All statements and/or opinions expressed in these materials, are solely the opinions and the responsibility of the person or entity providing those materials and not the Company. We are not responsible, or  liable to you or any third party, for the content or accuracy of any third-party materials.

7. Links from the Website.  

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website,  you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies of such websites.

8. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE  FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS  OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES,  OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR  COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER  PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES  OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF  ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS  OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS  CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE  ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,  EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON  ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR  REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,  RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE  ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE  WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT  MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL  COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED  THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR  EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY  DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,  STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY  WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR  PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES  THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation on Liability.  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE  COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,  EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF  ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION  WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED  TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING  ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE  DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND  SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,  LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),  BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE  FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR  LIMITED UNDER APPLICABLE LAW.

If you are dissatisfied with any portion of the Website or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.  

10. Indemnification.  

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors,  and service providers, and its and their respective officers, directors, employees, contractors,  agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities,  damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys'  fees) arising out of or relating to your violation of these Terms of Use or your use of the Website,  including, but not limited to, your User Content, your use of any information obtained from the  Website, or any use of the Website other than as expressly authorized in these Terms of Use.  

11. Governing Law and Jurisdiction.  

The owner of the Website is based in the United States. We make no claims that the  Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Waiver and Severability.  

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of  Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of  Use will continue in full force and effect.  

13. Entire Agreement.  

The Terms of Use and our Privacy Policy (incorporated herein by reference) constitute the sole and entire agreement between you and Elizabeth Cifers Consulting regarding the  Website and supersede all prior and contemporaneous understandings, agreements,  representations, and warranties, both written and oral, regarding the Website.  

14. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and your continued use of the  Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes,  as they are binding on you.  

15. Your Comments and Concerns.  

All, comments, requests for technical support, and other communications relating to the  Website should be directed to: info@elizabethcconsulting.com.

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