Terms of Service
Last Updated March 16, 2023
This page is broken down into the following two sections:
Section I – Subscription Terms of Service
Section II – Website Terms of Service
Please read Section I and Section II carefully because they form a binding contract between XC Consulting LLC (XC Consulting”) and you, also referred to as Client in the Subscription Terms of Service.
Section I – Subscription Terms of Service
Scope and use of XC Consulting subscription: The subscription grants the Client (being the person or legal entity that has taken out the subscription) the right to use XC Consulting’s online billing system and services (“the Services”). The subscription may not be used by other people or organizations.
Acceptance of the subscription: The subscription terms for the Services are accepted by the Client by signing the Contract document and forwarding it by email to xavier@xavierchang.com. The signed Contract, these Subscription Terms of Service, the Website Terms of Service, and our Privacy Policy together form a binding agreement (“Agreement”) between you and XC Consulting.
Duration and termination of the subscription: The monthly subscription runs from the date the Client signs the Contract to the end of the specified project outlined in the Contract. The subscription will bill the Client the same day each month the subscription was initiated and continue unless terminated by the Client. Furthermore, hours in the subscription cannot be transferred or roll over to the following month.
The monthly subscription may be modified or terminated by signing into the Client account on the Website or by emailing XC Consulting at xavier@xavierchang.com before the expiration of the subscription.
XC Consulting shall (without prejudice to any other rights or remedies it may have) be allowed to terminate the subscription at any time if subscription is misused (including, but not limited to, use by other people or organizations).
Alternative to subscription: XC Consulting services are also available at a rate of $400 per hour. Please contact XC Consulting for more details. This must be specified and agreed upon prior to signing up for a subscription and outlined in the Contract prior to initiating the project.
Price and payment terms: The recurring monthly charges are listed on the Contract as well as the subscription checkout. XC Consulting guarantees that no price increases will be introduced for the Services ordered at the time of commencement of the subscription other than those due to increases in the Project Scope as specified in the Contract.
Payments are charged automatically once per month through the online subscription billing system accessible through the XC Consulting Website. If the subscription payment is unable to be processed, XC Consulting will contact the Client to resolve the billing issue. If payment issues persist, XC Consulting reserves the right to invoice for all unpaid subscription services retroactively.
The Client agrees to the use of e-mail (using an e-mail address specified by the Client) or another electronic method of transmission as the medium for entering into a subscription Contract, sending invoices and reminders.
Online payment processing system: The XC Consulting payment processing system is designed to be convenient and secure. XC Consulting is not responsible for any downtime or breakdown caused by factors beyond its control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, XC Consulting aims to re-establish normal operations as quickly as possible.
Subscription payment platform system liability: XC Consulting shall not be liable to the Client for any loss or damage caused (including business interruption) by third party software or subscription payment platform systems malfunctions even if we are advised of such potential losses in advance.
Data privacy and confidentiality: XC Consulting has taken the necessary technical and organizational security measures to prevent information saved by the billing platform from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorized party, being misused or otherwise treated in a way contrary XC Consulting’s privacy policy.
XC Consulting agrees to treat any non-publicly available information received about the Client as confidential and will not disclose such information to any third party except where it is required to do so by any court or regulatory authority and then only to the extent necessary.
Entire Agreement: The Subscription Terms of Service, Website Terms of Service, and Privacy Policy together with the signed Contract contain the entire agreement between the XC Consulting and you and supersede all previous correspondence or communications whether written or oral between XC Consulting and you.
XC Consulting may amend the Subscription Terms of Service as required from time to time provided that XC Consulting will give Clients no less than 20 days' written notice of such amendments and all such amendments will apply to the next renewal of the subscription.
Disputes: These Terms shall be governed by and construed in accordance with the laws of the State of Florida and shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms.
Section II - Website Terms of Service
Please read the following Website Terms of Service (“Terms”) carefully. They govern Your use of the XC Consulting LLC (hereafter referred to as “We”, “Us”, “Our”, “Company” or “Website”) Website. By using the Website, You acknowledge that You have read and understood all of the Terms, and You agree to be bound by these Terms.
Persons or businesses that decide to fully access all the features available through Our Website are required to register as a “User” which allows them to participate in the use or Our Website. The term “User,” “You”, and “Your” means registered users, advertisers, businesses, or third-party service providers whether they are a person, company, business, or organization.
As a User You specifically agree to the Subscription Terms of Service, these Terms, as well as Our Privacy Policy. You agree and accept the signed Contract, these Subscription Terms of Service, the Website Terms of Service, and our Privacy Policy all of which form a binding agreement (“Agreement”) between You and Us. Each User acknowledges that this Agreement governs use of the “Content” and “Services” (as those terms are defined below) that We make available through Our Website or other third parties and takes the place of any emails, texts or conversations between You and Us.
If You do not agree to the terms of the Agreement, You agree that You will not use Our Website. The Company reserves the right to change the Terms under which the Website is offered and will post such changes via the Website. If You do not agree to the amended Terms, You agree to stop using the Website. You will be deemed to have accepted the amended Terms if You continue to use the Website after such amended terms are posted showing the “Last Updated” date. Any changes will be effective immediately upon the posting the new date. Your continued use of the Website, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of the Terms.
Before using any of the “Information” or “Services” (as those terms are defined below) made available on or through Our Website, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time. We may revise or amend the Terms at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on Our Website with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes to this Agreement. Continued use of the Website following the posting of changes shall mean that You accept those changes as of the latest update, after We send You notice of the changes. Even if You agree to Our Terms, We may deny You access in Our sole and absolute discretion, for any reason or no reason.
Registration for the Website
In order to access and use the Website, You must set up a User account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, You agree to provide accurate information regarding Your identity, Your contact information, and any other information requested by Us related to the Website. You will set Your own password for accessing the Website and shall be solely and strictly liable for everything that occurs through the use of Your Account.
You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your mobile device, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Us of any unauthorized use of Your password or Your Account, or any other breach of security of which You become aware. If You are under eighteen (18) years of age do not use Our Website.
By setting up Your Account and using the Website, You expressly agree that You will receive communications from Us, including email messages. You acknowledge and agree that You consent to the receipt of such messages and that Your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Us in any such communication.
Disclosure and Disclaimer
By using Our Website, You agree to the terms of this Disclosure and Disclaimer. The Information contained in this Website is for general information and educational purposes only and may be sourced directly by Us or through third party sources believed to be reliable, but We can give no assurance of reliability, accuracy, timeliness or truthfulness. You agree to conduct your own due diligence and research and to accept all risks related to reliance on any Information or Services We provide or make available on Our Website.
We may have financial interests in, or relationships with, some of the entities, businesses, and/or publications discussed or otherwise referenced on Our Website. Certain links that may be provided on Our Website are provided for convenience and do not imply Our endorsement, or approval of any businesses or third-party websites or their content. We are not authorized, registered or licensed in any capacity with any state or regional authority or the regulatory bodies or agencies of any country, state, province, or territory.
We do not offer any legal advice, financial advice, personal advice, health advice or medical advice, and we are not involved in agreements between Users or in any legal or other representation of Users. We simply provide business process consulting advice with a goal toward assisting business leaders to know that the job's being done right, offering resources that train workers faster, keeping employees accountable, and maintaining continuity. Users agree and represent that We shall at no point be held liable for the actions or omissions of any User that they either interact with, communicate with, or receive any type of services or products from as a result of connecting on through Our Website. We do not provide confidential communications between Users, so please note that any communications between Users is not protected or confidential. You agree to hold Us harmless and indemnify Us from any and all such claims made as a result of Your use of Our Website, the Content or entering into an agreement of any kind with a User or anyone else using Our Website.
No Reliance on User-Generated Content. Content on Our Website is not a substitute for financial or legal advice. You should not delay or forego seeking independent advice regarding Your particular situation. Delay in seeking such advice could result in waiver of any claims You may have, depending on the applicable statute(s) of limitation. The Information made available on Our Website or made available through Our Website is not regulated by any state, federal, or country agency, association, or governing association.
We Do Not Guarantee Results. From time to time, Users may submit reviews; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. You agree that We shall have no responsibility or liability of any kind for any User-Generated Content or advice You encounter on or through the Website, and any use or reliance on User-Generated Content or advice is solely at Your own risk.
Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Website will be solely for purposes that are permitted by this Agreement; (iii) Your use of Our Website will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of Our Website will comply with all applicable laws, rules, and regulations, and with all other policies, terms and conditions stated in this Agreement.
In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of Our Website. Our Website and Services may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access Our Website or Services.
In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our registered Users, service providers or sites we link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or Services.
The Information and Services We provide are provided to You on a strictly “as is,” “where is,” and “where available” basis. Neither We nor any of Our Users, service providers, or advertisers represent or warrant the accuracy, completeness, current status, non-infringement, merchantability, or fitness for a particular purpose of the Information contained on Our Website or the Services made available to You. We do not make any representations or warranties that access to Our Website or use of the Information or Services will be continuous, uninterrupted, or error-free.
Through this Website You may be able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third-party sites. The inclusion of any links to those third-party sites does not imply that We recommend or endorse the services they provide, or the views expressed by them.
Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on Our Website and that Information may be biased as a result.
Advertiser Disclosure - Affiliate and Referral Programs
From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available through Our Website and that Information and/or those Services may be biased as a result.
Your Use of Our Website
You may use Our Website only for legal and appropriate uses. Company reserves the right to make changes to the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Company, and Your access to and use of the Website may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:
You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Website, and with all applicable copyright, trademark, or other intellectual property rights laws.
You may not upload, post, email, transmit or otherwise make available any Content or Information which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless You are the owner of the rights or have the permission of the owner to post such content.
You may not intimidate, harass, stalk, defame or intentionally offend other Users of the Website or any other person or entity.
You may not use the Website to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
You may not interfere or attempt to interfere with the Website or another person’s use of the Website by use of any program, script, command, device, software, routine, or otherwise.
You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents Your identity or affiliation with another person or entity.
You may not use any software, automated program, robot, spider, scraper, or other computerized means to access the Website for any purpose without our advance written permission.
You may not decompile, reconfigure, re-engineer, interfere or attempt to compromise Our Website, Website, platform, or system integrity or security in any way.
Your Interactions with Other Users
The Website may enable You to interact with other Users of the Website. You are solely responsible for Your interactions with other Users, whether online or offline. You acknowledge that the Company does not conduct criminal background checks regarding Users or otherwise inquire into the background of its Users in order to verify their, identity, criminal background, credentials, education or licenses.
Company reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users. You shall be responsible for exercising Your best judgment in determining who to interact with, who to meet and who to share personal information with. It is Your responsibility to take reasonable precautions in all interactions with other Users of the Website, particularly if You agree to hire them, rely on their advice, accept work they may perform, accept a product they may sell, or agree to meet them in person. In no event shall Company be responsible or liable for the conduct of any User or for any claims resulting from Your interactions with other Users, whether or not you hire them or pay them any compensation.
Registration As a User
When You register, You will be required to register by creating an account and then signing in. If You register, You represent and warrant to Us that: (i) You are of legal age to form a binding contract, and, if You are acting on behalf of an organization, You have the right to enter this Agreement on behalf of such organization; (ii) You will provide Us with accurate, current and complete registration information; (iii) Your registration and Your use of Our Website is not prohibited by law; and (iv) You have all legal rights to provide the Content You post and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit You from posting such information, posts, comments or other such Content.
Your Permission and Consent
By using Our Website, You agree and consent that We may obtain various forms of information from the device You use while using Our Website, which information includes:
Device operations: information about the activities performed on Your device, such as windows open while using Our Website, or mouse movements.
Device attributes: information such as the operating system Your device uses, hardware and software versions, battery level, signal strength, available storage space, browser type, application and file names and types, and device plugins.
Identifiers: unique identifiers, device IDs, and other identifiers, that may be available from games, apps or accounts You use, and family device IDs (or other identifiers unique to Our products and services associated with the same device or account).
Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or that operate on Your network.
Cookie data: data from cookies stored on Your device, including cookie IDs and settings.
Definitions
The following words are used throughout these Terms and have specific meanings. You should know what each of the terms means.
a. The term “Agreement” refers, collectively, to the Subscription Terms of Service, these Terms, as well as Our Privacy Policy.
b. Whenever the term “Website” is used, it means https://www.xavierchang.com all subpages and subdomains, and all Information, Services, and products available on or through Our Website.
c. “Content” refers to content featured or displayed on or through the Website, including but not limited to text, documents, data, articles, opinions, images, photographs, graphics, software, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on Our Website either by Us, third parties, or by You. Content includes, without limitation, and Third-Party Content which may be submitted by any User or others that are not Users.
d. “Information” refers to any Content, as well as software, data, pricing, ratings, products, Services, charts, analysis, comparisons, figures, advertising tips, marketing information, business advice, advice, or graphics made available through Our Website.
e. The term “Service” or “Services” refers to the services provided through Our Website including the subscription You may have signed up for.
f. The term “User,” “You”, and “Your” means registered Users, advertisers, businesses, or third party service providers and includes persons, companies, businesses, or organizations.
g. Our Website is owned by XC Consulting LLC and is also referred to as “We”, “Us”, “Our”, or “Company”. When any of these words are used in these Terms those words shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, members, managers, successors, assigns, designees, suppliers, service providers, independent contractors, consultants, and employees.
License and User Content
Company grants You a limited, non-exclusive, non-transferable license to access and use the Website in legally authorized jurisdictions for personal, business, and commercial purposes. This license is contingent upon Your compliance with these Terms. Any unauthorized use of the Website shall automatically terminate the license granted to You by the Company for such use.
Ownership
You acknowledge and agree that the Website, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Website shall at all times remain Our sole property. You will not acquire any right, title or interest in or to the Website by reason of these Terms, except for the non-exclusive license to use the Website in accordance with these Terms.
Third Party Content
There will be Content from third parties accessible through Our Website or linked from Our Website. Because We cannot control that Content, We are not responsible for that Content or for the websites or other Websites that Content may link to.
a. Access To Third Party Content. By using Our Website, You will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of Our Website is consent for Us to present this Third-Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third-Party Content.
b. No Responsibility for Third-Party Content. As part of Our Website, We may provide You with convenient links to third-party website(s) as well as other forms of Third-Party Content. We are not responsible for any public display or misuse of Third-Party Content, and We do not verify, research, or verify the truthfulness or accuracy of any Third-Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third-Party Content, advertising or marketing that appears on or is made available through Our Website. We have limited control over third-party websites or Content or the promotions, materials, information, goods, or services available on them. By linking to such Content, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, statement, or service or product. We are not responsible for any Third-Party Content accessed through Our Website. If You decide to leave the Website and access Third-Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites or Websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third-Party Content, website or Website.
c. No Authorization to Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by those third-party websites or Websites You are visiting.
User Responsibilities
You, and You alone, are responsible for Your account and anything that happens while You are signed in to or using Your account. Your security is Your responsibility.
a. User Account Security. If You register as a User, You will create a personalized account which includes a unique username and a password to access Our Website and to receive messages from Us, Users, businesses, and advertisers. You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Us immediately of any unauthorized use of Your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account.
b. We do not select or endorse any individual or business User nor any Information they make available to You or may post anywhere on Our Website. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User. We strongly advise and encourage Users to, and each User represents and agrees that they will research, conduct their own due diligence, and do a background check on any User before accepting their advice, services, or products, entering into any type of partnership, business, or other relationship, or offering them employment, consulting fees, performance based fees, or equity.
c. Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Website will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of the Website will comply with all local, state and federal laws, rules, and regulations, and with all other policies we establish from time to time.
Copyright Infringement and DMCA Policy
If You believe that any Content located on Our Website or linked to a third-party website by Us violates Your copyright, please notify Us in accordance with Our Digital Millennium Copyright Act Policy.
a. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through Our Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to xavier@xavierchang.com, Attention: Copyright Agent.
Intellectual Property Notice
We retain all ownership of Our intellectual property, including Our copyrights, patents, and trademarks.
a. No Transfer. We retain ownership of all intellectual property rights of any kind related to Our Website, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. This Agreement does not transfer from Us to You any of the Company’s or third party’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under these terms.
b. Specifically, all trademarks that appear, are displayed, or are used on the Website or as part of the Services are registered or common law trademarks or service marks of the Company or are those belonging to others who have given Us approval to use them. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without Our prior written permission.
c. Any comments or materials sent to Us or posted on Our Website, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of the Company. The Company’s use of the Feedback will be in compliance with Our Privacy Policy, and applicable laws. The Company shall have no additional obligations with respect to such Feedback and shall be free to reproduce, modify, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, We shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Website, and developing, creating, and marketing products and services incorporating such Feedback.
User Dispute Resolution Procedures
a. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Users agree that they shall hold harmless and shall indemnify the Company from and against any such claims, demands, lawsuits or losses and that in either event the maximum liability of the Company shall be $250.00. The laws of the State of Florida, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms and any claims to be made by a User against the Company, without regard to principles of conflicts of laws thereunder. All Users and the Company agree to submit to the exclusive jurisdiction and venue of the state courts of Florida, U.S.A. located in the county of Broward, for any action arising out of these Terms.
b. You agree that any cause of action related to or arising out of Your relationship with the Company must commence, by filing a lawsuit pursuant to these Terms, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.
c. Jury Trial Waiver. Users and the Company acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between them.
d. No Class Actions or Representative Proceedings. Users and the Company acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless Users and the Company both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
Indemnification
You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by You; (b) Your interactions or communications with any other User of the Website; and (c) reliance on the reviews, Information, statements, or communication from other Users, advertisers, or third parties using Our Website. We will have sole control of the defense of any such damage or claim made against Us.
DISCLAIMER OF WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE WEBSITE HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE WEBSITE IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE WEBSITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.
XC Consulting respects and is committed to Your privacy. Please review our Privacy Policy, which also governs Your use of the Website, to understand Company’s practices.
Miscellaneous
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Website, represent the entire understanding between You and Company regarding Your relationship with Company and Your use of the Website. These Terms supersede all previous written or oral agreements between You and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.
Non-Assignability. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by You is void.
Section Headings and Summaries Non-Binding. Throughout these Terms, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Authorization to Contract. You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to this Agreement.