This Agreement and the information and materials presented herein are subject to change at any time and without prior notice. By accessing the Website at any time after such modifications, you are agreeing to such modifications. This Agreement was last modified as of August 27, 2013.
Acceptable Use of the Site
The Site is intended as a resource for education and career advancement for current and prior consultants. You may use the Website only for lawful purposes within the stated context of ConsultantTrack’s intended and acceptable use of the Site. ConsultantTrack is the sole interpreter of its Website intended and acceptable use.
ConsultantTrack grants Users a limited, terminable, non-exclusive right to access and use the Site. This authorizes you to view and download the information provided on the Website for your personal, noncommercial use. ConsultantTrack reserves the right to suspend or terminate your subscription for any reason at any time, at its sole discretion.
We modify the Website from time to time, including adding or deleting features and functions, in an effort to improve your experience. But we will not make changes that materially reduce the functionality of the Website.
ConsultantTrack’s Proprietary Rights
The ConsultantTrack Website is protected by intellectual property laws. The information belongs to and is the property of Raines International Inc. You agree not to copy, distribute, or create derivative works based on the ConsultantTrack content in whole or in part, without including a citation or a clearly discernible reference to us. ConsultantTrack, Raines International Inc., and other marks that we use are our trademarks and you may not use them without our prior written permission.
We encourage all customers to comment on ConsultantTrack’s services and provide suggestions for improving it. You agree that all such comments and suggestions will be non- confidential and that we own all rights to use and incorporate them into the Website and service, without payment to you.
You shall not enter false, illegal, or improper information into the system, including, without limitation, the following: (i) Information that is false, inaccurate, incomplete, outdated or otherwise wrong; (ii) Information that infringes the copyrights or intellectual property rights of others; (iii) Information that is actionable or may subject Raines International to legal action or liability of any kind; (iv) Information that violates any applicable local, state, national or international law or regulation.
You shall not attempt to or engage in potentially harmful acts that are directed against the system including the following: (i) Causing, allowing or assisting any other person to use your account or impersonate you; (ii) Using or Launching any automated system including “robots,” “spiders,” or “offline readers,” that send more request messages to our servers in a given period of time than a human can reasonably produce in the same period. (iii) Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason; (iv) Falsely stating or otherwise misrepresenting your affiliation with any person, entity, corporation or firm; (v) Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system; (vi) Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of Raines International; (vii) Tampering with the operation, functionality or the security of the system; (viii) Attempting to override or circumvent any security or usage rules embedded into the system that permit digital materials to be protected.
You will notify us right away of any unauthorized use of your Users’ identifications and passwords or your account at email@example.com.
Penalties of Misuse
Raines International shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following: (i) Suspension; (ii) Termination; (iii) Personal identification; (iv) Legal action.
Raines International reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this Code.
Third Party Links
Our Website contains links to other sites. Third party sites and products are not under our control; they are provided to you as a convenience and their inclusion does not mean we endorse, support, or warranty the third party site or product.
Reliance and Assumption of Risk
Use of the Website is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.
We may monitor use of the Website by all of our customers and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not identify you.
Disclaimer of Warranties
ConsultantTrack makes no representation, guarantee or warranty related to the system, the information made available through the system or their respective uses. The system and the information made available through the systems may contain errors and/or bugs and may produce unexpected results. The system and the information made available through the system are provided ‘as is.’ Any and all expressed or implied conditions, representations and warranties, including, without limitation, any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that such disclaimers are held to be legally invalid. Applicable law may not allow the exclusion of certain warranties, so the above exclusion may not apply to you.
Limitation of Liability
You expressly acknowledge, understand and agree that Raines International shall not be liable for any general, special, consequential, direct, indirect, incidental, exemplary or punitive damages (including, without limitation, damages for the loss of profits, goodwill, use, data, information, business interruption or other intangible losses) whatsoever arising out of this agreement or the use or inability to use the systems, including the conduct of any third party, however caused, on any theory or liability, and whether or not Raines International has been advised of the possibility of such damage. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Applicable law may not allow limitation of liability for certain damages, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold Raines International harmless against any loss, damage, expense, allegation, liability, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system or your breach of any of the terms of this Agreement.
Legal Inquiries and Requests
Raines International may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of Raines International. Raines International, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. Raines International reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.
Severability of Terms
If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.