TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use carefully before using this Site. If you do not agree to all of these Terms and Conditions of Use, do not use this Site.
TERMS AND CONDITIONS OF USE
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF, AND AGREEMENT TO EACH, OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Description of Web Site Services
The Web Site currently provides users with access to a collection of resources, which may include without limitation, various communications tools, online forums, shopping services, personalized content and branded programming. Unless explicitly stated otherwise, any new features that augment or enhance the site, including the release of new or specialized products or services, are subject to these TERMS. In some instances, these TERMS and a separate end user license or similar agreement will apply to a service or product offered by the company or on the site. We may add, change, remove, suspend, or discontinue any aspect of the site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of, or all of the site without notice or liability. In order to use the site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
Appropriate Use of Services
You agree that you will not distribute, electronically transmit or display any materials in connection with use of 3C’s Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of any party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, sexual orientation, age – this includes NO pornography of any kind; that promote hate; that violate any company policy; or contain viruses or other computer programming defects which result in damage to any party.
No "Spam". You shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You shall not engage in any unsolicited email practices in relation to companies’ services, equipment, materials, etc.
3C may, in our sole discretion, immediately terminate any agreement, license, or service without remedy if you engage in any of the foregoing.
SITE USER RESTRICTIONS
All information and materials on this Site, including but not limited to, text, trademarks, logos, graphics, and images (the “Materials”), are the copyrighted works and other forms of intellectual property of 3C or third parties who have authorized use of the Materials on this Site, unless otherwise provided in respect to specific areas or Materials on the Site. Unless otherwise provided in respect to specific areas or materials on the Site, 3C grants you only the limited license to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials, provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied, or downloaded as part of the Materials, and is not removed or obscured, and (2) such display, copy, or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, User agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.
THIRD PARTY CONTENT
LINKS TO AND FROM THIRD PARTY SITES
There may be links established between this Site and other sites on the World Wide Web or Internet, which are not under the control of, or maintained by, Landmark. Such links do not necessarily constitute an endorsement by 3C of those sites. 3C undertakes no obligation to monitor such sites, and User agrees that 3C is not responsible for the content of such sites, or any technical or other problems associated with any such third-party Site, links, or usage. You further agree that in the event that you establish a link from any other site to the Site, you will immediately discontinue such link upon receiving written notice from 3C of its objection to any such link.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SITE
3C may, in its sole discretion and at intervals of its sole choosing, modify this Site and/or the Site Use Agreements/Policies connected with them at any time and without prior notice. It is the responsibility of each User to monitor such changes, and to determine whether or not to continue to access and use the Site based upon any such changes.
ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER
NO THIRD PARTY BENEFICIARIES
User acknowledges and agrees that this Agreement shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
3C may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to User.
DISCLAIMER OF WARRANTIES
You as a User of the Site, acknowledge and agree that 3C has no liability for any errors or omissions in the Site, including in the Materials, whether provided by 3C or third parties. You further acknowledge and agree that 3C makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that 3C shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.
User will bear all risk associated with any content that you access. User accessing of any content made available by or through 3C and third parties is subject to your agreement to this provision and these Terms and Conditions.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
Additional Terms, and End User License Agreements
The site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest, or promotion and may have eligibility requirements. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.
We do not knowingly collect personal information from, or provide products or services to children under the age of 18. If we learn that we have personal information on a child under the age of 18, we will delete that information from our systems.
3C DOES NOT PURPORT TO OFFER ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE TO USERS. PLEASE SEEK THE ADVICE OF COUNSELING PROFESSIONALS (PHYSICIANS, THERAPISTS, CLERGY, QUALIFIED BUSINESS ADVISORS, LAWYERS, FINANCIAL ACCOUNTANTS, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT.
By using the service you assume full responsibility for the use of all Materials, Products, and Services. You assume full responsibility for adherence to any and all applicable laws and regulations, including federal, state and local, governing professional licensing, advertising, business practices, and all other aspects of doing business in the United States or any other jurisdiction. Any Materials, Products, Services and offerings are void where prohibited by law. Under no circumstance is anything written or spoken to be construed as a guarantee of income. We make NO GUARANTEES OF INCOME.
THESE TERMS AND THE INTERPRETATION OF THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Jurisdiction and Venue
You waive all rights to trial by jury in any action or proceeding instituted in connection with these TERMS and/or the site. Any controversy or claim arising out of or relating to these TERMS and/or the site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Michigan, in the City of Detroit, County of Wayne, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You waive the defense of forum non conveniens, and your right to appeal.
By using this Site, User agrees to indemnify and defend 3C and its parents, subsidiaries, affiliates, directors, officers, consultants, and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from User’s misuse of this Site or Service.
YOU ACKNOWLEDGE THAT YOU are FULLY COMPETENT TO CONTRACT IN YOUR OWN NAME, HAVE READ THIS AGREEMENT, HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS IF YOU SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN ANY OFFER, IN THIS AGREEMENT, OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF RESPONDING TO ANY OFFER, PURCHASING ANY PRODUCT, PARTICIPATING IN ANY PROGRAM, AND VISITING ANY WEBSITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
QUESTIONS, COMMENTS OR NOTICES
If you have questions, comments, or notices about the 3C Consulting LLC or this Agreement, please contact us in writing at the address below:
3C Consulting LLC
4060 Peachtree Rd NE #D-180
Atlanta, GA 30319