Terms And Conditions Of Usage
In order to begin the relationship with M&D Consulting , it is important to read the following Terms and Conditions of Usage. You agree to abide by these Terms and Conditions when you use this web site and any other web sites (collectively, the "Site") operated by M&D Consulting , LLC or one of its divisions or subsidiaries (collectively, "M&D Consulting "). If you do not agree to these Terms and Conditions of Usage, do not use any portion of the Site.
1. Nonexclusive License. We grant you a nonexclusive, nontransferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without our express written permission. You agree that you will not use the Site for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
2. Additional Prohibited Uses; Your Communications and Other Content. Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (a) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (b) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (c) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any M&D Consulting employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site.
3. Usage and Monitoring. You may use the Site only as intended by M&D Consulting . While M&D Consulting has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, M&D Consulting reserves the right to delete and take other appropriate action with respect to such messages, information or files which M&D Consulting , in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions of Usage, including denying access to the Site to anyone at anytime. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.
4. Eligibility. You hereby certify to us that you are at least 18 years old, or viewing the Site in connection with your parent or guardian's use of the Site and under their supervision. Use of the Site by children under the age of 18 years other than in connection with the child's parent or guardian's use of the Site is strictly prohibited. Online submission of information by children under the age of 13 is strictly prohibited. Solely parents or guardians may submit online information about children under the age of 13.
6. Trademark Notice. " M&D Consulting " and other related marks are trademarks and service marks of M&D Consulting and are protected by law. They may be used publicly only with permission from M&D Consulting . Fair use of the trademarks and service marks requires proper acknowledgment. ALL RIGHTS RESERVED.
7. Copyright Notice; Ownership. All materials and software published on or used on the Site are protected by copyright, and owned or controlled by or licensed to M&D Consulting , or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:
Except as expressly provided in a separate license agreement, M&D Consulting and its suppliers of the Site materials and software do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information.
8. Commercial Use of M&D Consulting Site Materials and Screen Shots. Reproduction, copying, or redistribution of materials on the M&D Consulting Site for commercial purposes is prohibited without the express written permission of M&D Consulting . To obtain permission to copy portions of this site, please send email to M&D Consulting and provide the following information in the body of the email:
· the content you wish to use;
· where, when and how it will be used (for example, a seminar, newsletter or news article);
· where and how copies will be distributed and to what audience;
· how many copies will be produced and distributed;
· what other materials will be associated with the M&D Consulting content; and
· your name, title, company, address, email address, and phone number.
We will evaluate and respond to your request as soon as possible. M&D Consulting reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.
9. Modification of Terms and Conditions of Usage. M&D Consulting reserves the right to revise these Terms and Conditions of Usage at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
10. Email May Not Be Used to Provide Notice. Communications made through the Site's e mail and messaging system shall in no way be deemed to constitute legal notice to M&D Consulting or any of its officers, employees, agents or representatives, such as where notice to M&D Consulting is required by contract, or any federal, state or local laws, rules or regulations.
11. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided as a courtesy to our Site visitors. M&D Consulting has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. M&D Consulting is not responsible for and does not endorse or warrant in any way any materials information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. M&D Consulting reserves the right to terminate any link at any time.
12. Disclaimer; Limitation of Damages.
(a) M&D Consulting is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF) IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, M&D Consulting MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL M&D Consulting , ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE'S CONTENT BE LIABLE FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITE, FOR ERRORS OR MISTAKES MADE BY HUMANS OR MACHINES, OR FOR ANY ACTUAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS AND INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE.
(b) Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. M&D Consulting reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither M&D Consulting nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
13. Indemnification. You agree to indemnify and hold M&D Consulting and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions of Usage, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
14. Applicable Laws. M&D Consulting operates the Site from its offices in Utah and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject M&D Consulting to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Utah as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the Site or Site content shall be brought in either the state or federal courts with jurisdiction in Salt Lake County, Utah.