(KA)
The following Terms of Service, which include the Privacy Policy, IP Policy, and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you, means the entity you represent in accepting these Terms or, if that does not apply, you individually ("User", "you," "your") and Consultida.com ("Consultida.com” , "we", "us"; The website Consultida.com operated by: TVIBO LLC, 105 N 1st St #429, San Jose, CA, 95103) (hereinafter collectively referred to as the "Terms of Service"). By visiting or using the Services available from the domain and sub-domains of www.Consultida.com (the "Website"), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. When we make material changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. Unless otherwise provided in such revision, the revised terms will take effect when they are posted. Your continued access to or use of the Website will constitute acceptance of the revised Terms.
If you are accepting on behalf of your employer, company or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity please do not click the “I agree” (or similar button) that is presented to you.
Consultida.com is an online marketplace that enables buyers of Services ("Clients") to search for, enter into and manage transactions with providers of Services ("Consultants" and, collectively with "Registered Users"). The Website contains features that enable Consultants and Clients to do, among other things, the following:
Clients: search for Consultants, communicate with Consultants, negotiate with Consultants, award consultation Service to Consultants, manage Service, leave feedback for Consultants, and pay Consultants.
Consultants: Create profiles, offer and hold consultation Services and webinars, obtain Service awards, obtain feedback from Clients, and receive payment from Clients.
Capitalized terms used in these Terms of Service have the following meanings:
Account: means the account created by the Website upon registration for Consultants and Clients.
Arbitration Service: means the Service described in Section 7.
Consultida.com Billing and Payment Services: means, collectively, the Consultida.com billing and payment services.
Services: means, collectively, Consultation services and webinars, the Consultida.com Billing and Payment service, the Arbitration service.
Website: means the world wide web site operated by Consultida.com at http://www.Consultida.com or any replacement URL.
(A) Eligibility and Registration
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
Registration is free of charges. User registration and authentication is done through Google account (through the official authentication service (Google OAuth)). To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in and linked to, these Terms of Service. In order to activate your profile the approval of the Website administration is required. The decision is made by the administration independently and individually case by case. The administration reserves the right not to approve the registration request, moreover the Website is not obliged to issue an explanation.
By becoming a Registered User, you agree to: (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of Services; and (3) Perform your obligations as specified by any Service Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service.
During the Registration and authorization, the Consultant gives the Website permission to his/her Google Calendar in order for the website to create events and invite Clients to these events, as well as to avoid overlapping between his/her existing events and Website incoming events.
(C) Accounts and Profiles
During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Consultida.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account. You may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than the Registered User’s own, or create multiple accounts.
AS A USER OF THIS WEBSITE, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER WEBSITE NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH WEBSITE AND OTHER USERS.
Consultida.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone and anytime. We may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Website if you misuse the Website. Any such termination or suspension could prevent you from accessing your account, the Website, your Content, Website Content, or any other related information.
(D) Electronic Communications
When you use the Website, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by email, in-app push notices, or by posting notices and messages on the Website.
Additionally, you agree that you will not assist or enable others to:
(i) use this Website or its contents for any commercial or unlawful purpose;
(ii) access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our expressed written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;
(v) deep-link to any portion of this Website for any purpose without our express written permission;
(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Website;
(viii) use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Website;
(ix) use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
(x) use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
(xi) use the Website to promote bigotry or discrimination against protected classes; use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(xii) use the Website to submit or transmit pornography or illegal content use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(xiii) attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
(xiv) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
(xv) use the Website to violate the security of any computer network, crack passwords or security encryption codes;
(xvi) disrupt or interfere with the security of, or otherwise cause harm to, the Website; or
(xvii) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website content, or features that enforce limitations on the use of the Website.
(A) Client and Consultant
1. The Website gives the opportunity to the Client to choose the Consultant and make a booking. Consultant sets own rate and runs online private live meetings with the Clients. To attend the consultation session, the Client shall use the meeting link provided while booking. The consultation is conducted through Google Meet video service.
Important note: The consultation fee is paid in advance.
2. Service Agreement: The engagement, contracting and management of a Service are between a Client and a Consultant. After the Consultant has published the Consultation Offer and the Client has accepted the offer on the Website, the Client agrees to purchase, and the Consultant agrees to deliver, the Services and related deliverables in accordance with the following agreements: (a) the Service agreement between Client and Consultant including, Service description, and other terms and conditions as communicated between Client and Consultant on the Website (b) these Terms of Service, and (c) any other content uploaded to the Website by Consultida.com (collectively, the "Service Agreement"). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Service Agreement in conflict with these Terms of Service is void.
Client is responsible for managing, inspecting, accepting and paying for Services and deliverables in accordance with the Service Agreement. Consultant is responsible for the performance and quality of the Services in accordance with the Service Agreement in a timely manner. Client and Consultant each covenants and agrees to act with good faith and fair dealing in performance of the Service Agreement.
3. Independence: Client and Consultant each acknowledges and agrees that their relationship is that of independent contractors. The Consultant shall perform Services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Consultant and Client or between Consultida.com and any Client or Consultant.
4. Webinar options
Consultida.com provides a webinar option. Maximum number of people attending the webinar depends on the terms of the Consultant's Gmail account. These limits, fees and terms can be changed by Google and do not depend on our Website. The same rules as provided in subparagraphs 2 and 3 of 4 (A) apply to the provision of webinar services.
Clients: Clients can choose the webinar offered on the Website, pay the attendance fee based on which the webinar date will be marked in their calendar. To attend the webinar, the Client shall go to the meeting link provided while booking. The webinar is conducted through Google Meet video service.
Important note: The webinar fee is paid in advance.
Consultants: Consultants can choose from different Gmail Account Settings for creating the webinar. The differences between these options are listed in Google settings. The price of the webinar is determined by the Consultant.
(B) Registered Users/Client/Consultant and Consultida.com
1. General: Consultida.com is not a party to the dealing, contracting and fulfillment of any Service between a Client and a Consultant. Consultida.com has no control over and does not guarantee the quality, safety or legality of any Services performed or deliverables created, advertised, the truth or accuracy of Service listings, the qualifications, background, or abilities, quality or timeframes of Consultants, the ability of Consultants to perform Services, the ability of Clients to pay for Services, or that a Client or Consultant can or will actually complete a Service. Consultida.com is not responsible for and will not control the manner in which a Consultant operates and is not involved in the discipline or service conditions of the Consultant. All rights and obligations for the purchase and sale of Services or other deliverables are solely between a Client and a Consultant. Consultida.com will not provide any Consultant with any materials or tools to complete any Service. Clients and Consultants must look solely to the other for enforcement and performance of all the rights and obligations arising from Service Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE (OFFICERS, DIRECTORS AND AFFILIATES) PROVIDERS BE LIABLE TO CLIENT/CONSULTANT OR ANY OTHER REGISTERED USER FOR INFORMATION PROVIDED BY THE CLIENT/CONSULTANT, ALSO QUALITY/PERFORMANCE OF GOOGLE MEET OR GOOGLE OAUTH.
2. Third-Party Beneficiary of Service Agreement: Client and Consultant each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Service Agreement. Client and Consultant therefore appoint Consultida.com as a third-party beneficiary of their Service Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Consultida.com by these Terms of Service. Clients and Consultants further agree that Consultida.com has the right to take such actions with respect to the Service Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Consultida.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency: These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Consultida.com, except and solely to the extent expressly stated.
4. Taxes: Clients and Consultants are responsible for payment and reporting of any taxes. Consultida.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law.
(B) Fees
Registration on the Website is free.
Consultida.com charges one or more of the following fees, as applicable, from payments using the Consultida.com Billing and Payment Services:
1. Service Fee: Consultida.com charges all Consultants a Service Fee (described here Consultant Service fee), which shall be calculated from the amount of fee set by Consultant for Consultation or Webinar and then deducted from it. At the discretion of the Website, the fee can be determined on a case-by-case basis for each Consultant. The Consultant can check Consultant Service fees in their accounts.
2. Website administration fee: Consultida.com charges Client administration fee, which shall be calculated from the amount of fee set by Consultant for Consultation or Webinar and then added to it. At the discretion of the Website, the fee can be determined on a case-by-case basis for each Client and will be shown on before the Client books the Consultation to know what to expect in advance.
3. Client shall make transfers through use of automated Paypal and Stripe, or other payment systems integrated in Website.
4. Dispute Resolution Service for the Parties is free.
5. The payout for the Consultant by the Website is made once a month, from the first to the 15th day of each month. Payment is made for the amount accumulated in the previous month through Paypal and Bank transfer options.
6. The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees. It also can include Paypal and Stripe transfer fees.
7. Currency: The payout is made in one of the currencies that the Consultant will choose from the options offered by the Website in his/her account, depending on what method the Consultant chooses. The exchange rate will be set by the Website according to the day of payment, however Consultida.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than currency indicated on Consultant’s account before/while payout. Nor is Consultida.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
(C) We reserve the right to change any fees associated with Consultida.com at any time, at the sole discretion of Consultida.com.
No refunds of fees already paid will be given.
If we exercise our right to cancel a registration at any time or you will make a decision to terminate your account as provided under these Terms of Service, we will not refund the fees already paid.
(A) Funds Transfer
1. Hold on Transfers: Consultida.com reserves the right, at its sole discretion, to place a hold on requested transfers if Consultida.com suspects monies may be subject to chargeback, bank reversal, failure to clear, fraud or on other reasonable grounds Consultida.com will release a hold as soon as practical.
2. Notwithstanding any other provision of these Terms of Service, if Consultida.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, Consultida.com has the right to refuse to process transfer of funds.
3. Consultida.com will not pay Consultant for Service until the Client accepts the Service. However, Consultida.com agrees to refund such funds to Client in the event that (a) a Consultant acknowledges that Services have not been completed or (b) Client and Consultant have concluded the process comprising the Dispute Resolution Service with a result indicating that Client is the rightful recipient of such funds. If a Client or Consultant reasonably disputes the completion of Services provided by such Consultant, then both Client and Consultant agree that Consultida.com shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 7 below. The service fees provided in Article 5 (B) shall remain with the Website and will not be refunded.
(B) Legal Relationship
1. Consultida.com acts as a payment provider by creating, hosting, maintaining, and providing the Consultida.com Billing and Payment Services to you via the Internet. Consultida.com does not have any control over the Services paid for with the Consultida.com Billing and Payment Services. Additionally, Consultida.com does not control whether a Client or Consultant will actually complete the underlying transaction. Consultida.com is not responsible in any way for the timeliness or accuracy of the timeliness, accuracy, completion of the Service provided by a Consultant as a result of an awarded Service. Nothing in these Terms of Service will be deemed to constitute Consultida.com as your agent with respect to any Service purchased and sold by Client through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
2. By using the Consultida.com Billing and Payment Services, you expressly acknowledge that:
a. Consultida.com is not acting as a trustee or a fiduciary of Clients or Consultants and that the Consultida.com Billing and Payment Services are provided to Registered Users administratively;
b. Consultida.com is not a "financial institution" as defined under the Bank Secrecy Act (BSA) and the Consultida.com Billing and Payment Services are payment services rather than a banking services; (c) Consultida.com IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH Consultida.com ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
c. You agree that we may bill your credit card or other payment method for renewals, upgrades, overages to set limits or scopes of use, expenses, and unpaid fees, as applicable.
(C) Miscellaneous Payment Terms
1. Authorized Payments are Final: Your use of the Consultida.com Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, Stripe or PayPal account (other payment systems integrated in Website). Such payments, once authorized, are final.
2. Fraudulent Transactions: Erroneous or Duplicate Transactions; Chargebacks. Consultida.com reserves the right to seek reimbursement from you, and you will reimburse Consultida.com, if Consultida.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if Consultida.com receives a chargeback or reversal from any Client’s credit card company, bank, Stripe or PayPal (other payment systems integrated in Website) for any reason. You agree to and acknowledge Consultida.com's right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Consultida.com in an effort to investigate fraud. You agree that Consultida.com has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of your Account.
3. Exclusivity and Non-Circumvention: Clients agree to use the Consultida.com Billing and Payment Services to make all payments to Consultants, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Consultida.com Billing and Payment Services or any associated fees. As a Consultant, you agree to use Consultida.com Billing and Payment Services to receive all payments from Clients identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Consultida.com Billing and Payment Services or any associated fees.
4. Notification: As a Client, you agree to notify Consultida.com immediately if your Consultant solicits payment from you outside the Website. As a Consultant, you agree to notify Consultida.com immediately if your Client seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Consultida.com Billing and Payment Services, please contact us.
5. Agreement to Pay: If, for any reason, Consultida.com does not receive payment for any amounts that you have authorized to be paid through your use of the Consultida.com Billing and Payment Services, you agree to pay such an amount immediately upon demand by Consultida.com. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by Consultida.com in collecting from you the authorized but unpaid amount. In such case, Consultida.com may, at its option, stop processing any further payments made by you and apply any amounts then held by Consultida.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Consultida.com Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
(A) Eligibility
Consultida.com offers the Dispute Resolution Service to Clients, who express dissatisfaction with the Consultation Service:
1. A dissatisfied Client can make a dispute no later than three (3) working days after the end of service provided by the Consultant, and before the Consultant is paid by the Website. In case of expiration of this term or occurrence of the above-mentioned fact (depending on which one will occur earlier), the Parties can no longer use the Dispute Resolution Service, and they shall conduct disputes with each other independently. Moreover, they shall release Consultida.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
2. The administration of the Website reviews the dispute and can fully or partially return the amount to the Client and deduct the relevant amount from the Consultant.
(B) Process
a. You acknowledge and agree that Consultida.com will construe any Service Agreement based on the transaction's course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Service agreement, (ii) the parties' course of dealings, as evidenced by activity on or communications through the Website, (iii) the Service itself and (iv) any information or communication that the Client and the Consultant submit for review.
b. Consultida.com shall render its decision within ninety (90) days of the dispute being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other.
c. You agree that the decision of Consultida.com, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the decision.
(C) Communication
You agree and acknowledge that (i) Consultida.com will use the email address corresponding with your Account registered at the time dispute is opened to notify and communicate with you with regard the Dispute Resolution process and (ii) you are solely responsible for the receipt of any notification or communication sent by Consultida.com using the email address corresponding with your Account registered at the time dispute is opened.
(D) Acknowledgements
You agree and acknowledge that (i) Consultida.com is not providing legal services to you, (ii) Consultida.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Consultida.com for any such counsel. You agree to indemnify and hold harmless Consultida.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service.
A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated after your request by Consultida.com administration as provided for under the terms of this section 8.
B. You may terminate this agreement or ask to close your account (unless Service agreement is already concluded or you took obligation to provide webinar) by sending us an email: hello@consultida.com. The Website administration will review your email and will take the appropriate measures in reasonable time. After closing your account, we may continue to display your previously published Content and are under no obligation to remove any of your Content. If the account is closed by the Registered user, or terminated or suspended by the Website as provided under these Terms of Service, at any time, the amount of fee already paid will not be refunded.
C. Any termination of an Account will automatically lead to the termination of all related profiles.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Service, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Consultida.com or are contrary to the interests of the Website; (4) the Account has not been used for three (3) or more years. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
E. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Consultida.com Billing and Payment Services or otherwise reduce fees owed Consultida.com under these Terms of Service, you must pay Consultida.com for all fees owed to Consultida.com and reimburse Consultida.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
G. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
Your use of the Website and the Services provided therein and thereby is governed by the terms of these Terms of Service and the Consultida.com Privacy Policy. It is your responsibility to review the Consultida.com Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy.. The Privacy Policy is posted on the Website and may be updated from time to time. When we make material changes to these Policy, we will post the revised Policy on the Website and update the “Last Updated” date at the top of these Policy. Your continued access to or use of the Website will constitute acceptance of the revised Policy.
Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
(A) Consultida.com Content
Your use of the Website and the Services provided therein and thereby is governed by the terms of these Terms of Service and the Consultida.com IP Policy. It is your responsibility to review the Consultida.com IP Policy, which is incorporated by reference. The IP Policy is posted on the Website and may be updated from time to time. When we make material changes to these Policy, we will post the revised Policy on the Website and update the “Last Updated” date at the top of these Policy. Your continued access to or use of the Website will constitute acceptance of the revised Policy.
(B) Registered User Content
1. You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, "Multimedia Content"), (b) any posting or listing made in any public message area, through any email feature or through Consultida.com's feedback feature (collectively, ""Non-Multimedia Content") and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies ("Personal Content"). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to Consultida.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Consultida.com products and Services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
3. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
4. We may use your Content in a number of different ways, including, among other things, displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications, and media platforms.
5. By using any interactive areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
a. Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents Registered User’s affiliation with a person or entity, including Consultida.com;
e. Content that is unrelated to the topic of the interactive area(s) in which such Content is posted; or
f. Content or links to content that, in the sole judgment of Consultida.com, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the interactive areas or this Website, or (d) may expose Consultida.com or its affiliates or its users to any harm or liability of any type.
6. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that your content is in any way sponsored or endorsed by Consultida.com.
(A) Users (Visitors) and/or Registered User represent, warrant, and agree:
1. to be fully responsible and liable for any action of any user who uses your Account.
2. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
3. not to allow any third party who is not authorized to do so to use your Account at any time.
4. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
5. not to intercept or expropriate any system, data or personal information from the Website.
6. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to "spam" or other such unsolicited mass mailing techniques.
7. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
8. that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
9. that they will not use the Website or its Services to defraud or mislead any person or entity, including without limitation Consultida.com or any Register User.
10. that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
11. that they are not a resident national of, or, an entity located in any country subject to economic sanctions imposed by the government of the United States of America. The current list of US sanctions can be found here.
12. that they are not currently and have never been listed as a Specially Designated National by the United State Department of Treasury's Office of Foreign Assets Control ("OFAC").
13. that they will not use the Website in connection with any "prohibited transaction" as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
(B) Warranty Disclaimer
THE SERVICES PROVIDED BY CONSULTIDA.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
.(C) Limitation of Liability
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE (OFFICERS, DIRECTORS AND AFFILIATES) PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, PRODUCT OR SERVICE PROVIDED BY CONSULTIDA.COM OR YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, INFORMATION PROVIDED BY THE CONSULTANT, QUALITY AND/OR TIMEFRAMES OF THE CONSULTATION, QUALITY OF GOOGLE MEET; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE). NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(D) General Release
If you have a dispute with another Registered User, you release Consultida.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
(E) State Specific Release
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(F) Indemnity
You agree to defend, hold harmless and indemnify Consultida.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by Consultida.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by you or third party against Consultida.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Consultida.com Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Consultant; (i) your dispute of or failure to pay Payment; or (j) your obligations to a Consultant. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
(G) Links
The Website may contain links to third-party web sites not under the control or operation of Consultida.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
(H) Data
You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Consultida.com's part to store, backup, retain, or grant access to any information or data for any period.
Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party“) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any of Our Technology and any performance information relating to the Scrile Products will be deemed our Confidential Information without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know. The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
(A) Compliance with Law
You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
(B) Entire agreement
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Consultida.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Consultida.com with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(C) Modification and Waiver
Consultida.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Consultida.com. No delay or omission by Consultida.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
(D) Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(E) Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Consultida.com, and any attempt to do so will be null and void. Consultida.com may assign these Terms of Service in its sole discretion.
(F) Integration.
These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and Consultida.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
(G) Force Majeure
Except for the payment of fees to Consultida.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such a party shall be extended by the period of such delay.
(H) Notice
All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by post to the addresses set forth below or referred in Account to such other address as any party shall designate by notice in writing.
If to Consultida.com
105 N 1st St #429, San Jose, Ca, 95103
California, USA
If to Registered User:
To the address associated with Registered User's access, Account or login information.
(I)
Governing Law and related provisions
This Agreement (and any other terms and conditions referenced herein) and any dispute, controversy or claim arising out of or related to this Agreement (and any other terms and conditions referenced herein) shall be settled by means of negotiation between the Consultida.com and Consultant or Client, will be governed by and construed in accordance with the laws of State California, USA.
If the Consultida.com and Consultant or Client can not reach a mutual agreement on a dispute, This Agreement (and any other terms and conditions referenced herein) and any dispute, controversy or claim arising out of or related to this Agreement (and any other terms and conditions referenced herein) shall be settled in the courts of California, USA, in accordance with the USA law.
Mandatory Pre-Court and Notification.
At least 30 days prior to start proceedings in court, you and Consultida.com each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Consultida.com by mailing: 105 N 1st St #429, San Jose, Ca, 95103, California, USA. Consultida.com will send its notice of dispute to the email address associated with your Consultida.com account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period from acceptance of the notice, only then may either party start proceedings in court.
(J) Headings and Labels.
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
(K) Survival
Sections 5, 6, 7, 8, 9, 10, 11, 12 and 13 will survive any termination of these Terms of Service for any reason.
Please feel free to contact Consultida.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at hello@consultida.com.