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CASTUS CONSULTING, LLC
Last Updated: April 30th, 2020
1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
We provide information and advertise our consulting services on and through the Service including, but not limited to, providing details about our expertise, individual service offerings, and our insights. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including: (i) a computer and modem; and (ii) your own Internet access (including payment of telephone or other service fees associated with such access).
You understand and agree that temporary interruptions of the services available on or through the Service may occur from time to time as normal events. You further understand and agree that: (i) we have no control over third party networks that you may access in the course of accessing and using the Service; and (ii) therefore, delays and disruptions of other network transmissions are completely beyond our control.
You understand and agree that the services available on or through the Service are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings in or through the Service.
3. Data, Privacy, and Security
4. Conduct on or through the Service
Your use of the Service is subject to all applicable laws and regulations, including generally accepted and utilized “Netiquette,” and you are solely responsible for the contents of your communications on or through the Service. By posting information in or otherwise using any communications service that may be available to you on or through the Service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including in the form of text, communications, software, images, sounds, data, or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- promotes illegal or harmful activities or substances or is violent or threatening or promotes violence or actions that are threatening to any person or animal;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any individual or entity;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any individual or entity, including third parties;
- impersonates any person or entity, including any employees or representatives of ours or of any of our Affiliates; or
- violates any CASTUS policy or standard.
You acknowledge and agree that you will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CASTUS or its licensors other than for the limited license to: (i) use the Service on your personal device(s); and (ii) access and view any content made available through the Service and accessible to you, solely for your personal and non-commercial use.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at or through other websites or applications, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Websites, Services, Applications, and Information
The Service may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other individuals or entities. Those external sites may contain information or material that some people may find inappropriate or offensive. Those external sites and individuals and entities are not under our control, and you acknowledge that: (i) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such external sites; and (ii) we are not responsible for errors or omissions in any references to other individuals or entities and/or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Service or any individual or entity by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Our name, logo, and any and all related materials are owned solely by us and we do not consent to their use by any individual or entity, including you, all users, or any others for any purpose without our prior express written consent. All Rights Reserved.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Service will not infringe the rights of third-party individuals or entities. See, Section 6 below entitled “User’s Materials” for a description of the procedures to be followed if any individual or entity believes that content posted on or through the Service infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any individual or entity.
The Service may, in its entirety or in part, be protected by copyright, trademark, and/or other laws of the United States. You acknowledge and agree that the Service, including all associated intellectual property rights, are the exclusive property of CASTUS and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. All trademarks, service marks, logos, trade names, and any other source identifiers of CASTUS used on or in connection with Service are trademarks or registered trademarks of CASTUS in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Service are used for identification purposes only and may be the property of their respective owners.
7. User's Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We also are unable to accept your unsolicited ideas or proposals, so please do not submit them to us under any circumstance.
8. DISCLAIMER OF WARRANTIES
ALL MATERIALS AND SERVICES AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) ANY SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (B) ANY SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THROUGH THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE BY AND INDIVIDUALS OR ENTITIES, INCLUDING THIRD PARTIES.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT OR ON THE SERVICE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED THEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT OR ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE ANY SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS AVAILABLE OR ACCESSED ON OR THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES, IN ADDITION TO ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SERVICE AT YOUR OWN RISK.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH, THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD-PARTY INDIVIDUAL OR ENTITY IS PROVIDED SOLELY BY SUCH THIRD PARTY INDIVIDUAL OR ENTITY AND NOT BY US OR ANY OF OUR AFFILIATES.
Under no circumstance will CASTUS or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained on or through the Service. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through the Service. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before relying on any legal, accounting, or other professional advice or information obtained on or through the Service.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, NOTWITHSTANDING WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEBSITE OR THIRD PARTY LOCATION, WEBSITE, APPLICATION, PROGRAM, OR MATERIALS REFERENCED, LINKED TO, OR ACCESSED BY OR FROM THE SERVICE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED ON OR THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS ON OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Participation in Promotions
From time to time, the Service may include advertisements offered by third party individuals or entities. You may enter into correspondence with or participate in promotions of the advertisers showing their products on or through the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
12. Email Services
We may make email services available to users of the Service, either directly or through a third-party provider, in our sole discretion.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.
13. Use of the Service and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on or through the Service. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through the Service. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
You acknowledge and agree that to the fullest extent permitted by applicable law, we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party individual or entity of information voluntarily disclosed on or through the Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE ON OR THROUGH THE SERVICE YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK.
14. Export Controls
Software available on or through the Service is subject to United States Export Controls. No software from the Service may be downloaded or exported: (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country concerning which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of “Specially Designated Nationals” or the United States Commerce Department's “Table of Deny Orders.” By downloading or using the software available on or through the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such prohibited list.
15. International Use
Although the Service may be accessible worldwide, we make no representation that materials available on or through the Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with all applicable laws. Any offer for any product, service, and/or information made in connection with or through the Service is void where prohibited.
16. Termination of Use
17. Governing Law/Dispute Resolution
17.1 Governing Law. The Service (excluding any linked sites) is controlled by us from our offices within the Commonwealth of Pennsylvania, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the Commonwealth of Pennsylvania, by accessing the Service both of us agree that the statutes and laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Service and the purchase of products and services available on or through the Service.
17.3 Jurisdiction; Venue. Except as otherwise provided under this Section 18, you and CASTUS agree to submit to the personal and exclusive jurisdiction and proper venue of the Allegheny Circuit Court and/or the U.S. District Court for the Western District of Pennsylvania, in each case located in Pittsburgh, Allegheny County, Pennsylvania, and knowingly, intelligently, and voluntarily waive any right to trial by jury.
17.5 Waiver. Neither you nor CASTUS will participate in a class action or class-wide arbitration for any Claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
17.6 Improperly Filed Claims. All Claims brought under this Section 16 must be resolved in accordance with this Section 16, and you and we both conclusively agree to that. All Claims filed or brought contrary to this Section 16 shall be considered improperly filed. Should you file a Claim contrary to the procedures set forth in this Section 16, CASTUS shall be entitled to recover its reasonable attorneys' fees and costs actually incurred in disputing and defending it, provided that CASTUS has notified you in writing of the improperly filed Claim and that you have failed to promptly withdraw the Claim.
All notices to any individual or entity shall be in writing and shall be made via email, conventional mail, or both. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or at Castus Consulting, LLC, 1380 Old Freeport Road, Suite 2A, Pittsburgh, Pennsylvania 15238, if by conventional mail. Notices to you may be sent either to the email address supplied by you or to the mailing address supplied by you as part of the information disclosed by you voluntarily. In addition, we may broadcast notices or messages on or good through the Service to inform you of changes to the Service or other matters of importance, and such broadcasts shall constitute good, sufficient, and completed notice to you.
19. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of the Service, use of the Service, or access to the Service.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available on or through the Service arising from any event beyond our reasonable control, notwithstanding whether foreseeable by you or us, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, epidemic, pandemic, or other illness affecting the United States and/or other countries, and other causes or events beyond our reasonable control, notwithstanding whether similar to those that are enumerated above.
23. Contact Information