TERMS & CONDITIONS OF USE
The following standard terms of business apply to all engagements accepted by Lauren Schlau Consulting. All work carried out is subject to these terms except where changes are expressly agreed in writing.
Lauren Schlau Consulting , and its affiliates, successors, parents, subsidiaries, assigns, licensees and designees (collectively and individually "Lauren Schlau Consulting ") provide you access to the Lauren Schlau Consulting website (the "Site") subject to the terms and conditions of use set forth below (the "Terms of Use"). Lauren Schlau Consulting offers certain products and/or services (the "Services"). You agree to read the Terms of Use carefully before using the Site or Services, and by using the Site or Services, you agreed to abide by, and be bound by, the Terms of Use as set forth herein.
1. Fees and Costs
Lauren Schlau Consulting charges a fee for its products or services. You are responsible for paying any applicable fees and taxes, and for all hardware, software, service and other costs you may incur in connection with the Services. Lauren Schlau Consulting reserves the right, at any time, to change or modify fees for any of its Services, as indicated in writing and/or by posting information regarding such fee changes and/or modifications on the Site.
2. Content Guidelines/Prohibited Uses
Restrictions on Use.
You shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Material. You are not permitted to use the Lauren Schlau Consulting name, URL, trademarks or other material in any manner, including, without limitation, in connection with "spam" e-mail messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation unsolicited electronic mail advertisements.
3. Links to Third-Party Sites
Any third-party sites to which the Site may link are not under Lauren Schlau Consulting control, and Lauren Schlau Consulting does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Lauren Schlau Consulting does not intend links contained on the Site, if any, to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
4. DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE ON THE SITE (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LAUREN SCHLAU CONSULTING MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. LAUREN SCHLAU CONSULTING MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. LAUREN SCHLAU CONSULTING CANNOT BE HELD RESPONSIBLE FOR ANY EVENTS THAT TRANSPIRE THROUGH USE OF OUR SERVICES. LAUREN SCHLAU CONSULTING IS NOT AND WILL NOT BE HELD RESPONSIBLE FOR ADVERSE CONSEQUENCES ARISING OUT OF CONTACTING OR MAKING ASSOCIATIONS WITH USERS OF THE SITE. ALL INFORMATION IS SUBMITTED VOLUNTARILY. ALL RISKS FOR MAKING THIS INFORMATION AVAILABLE WILL BE BORNE BY YOU, THE USER. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, LAUREN SCHLAU CONSULTING SHALL HAVE NO LIABILITY FOR:
• any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services;
• any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
• any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
• any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;
• any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Site, even if Lauren Schlau Consulting has been advised of the possibility of such damages; or
• any lost profits or special, incidental or consequential damages (no matter how they might arise, including from Lauren Schlau Consulting negligence) arising out of or in connection with the Information, the Services, the Site or the Terms of Use.
Notwithstanding any provision of these Terms of Use to the contrary, Lauren Schlau Consulting total liability to you is limited to $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights which vary from state to state.
5. Privacy and Communications to the Sites
Any communication, information or other material you transmit or post to the Site, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, confidential and proprietary. You hereby grant to Lauren Schlau Consulting a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material in connection with the Services contemplated herein.
6. Representations and Warranties
You represent and warrant that:
• you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;
• all factual assertions that you have made and will make to Lauren Schlau Consulting are true and complete; and
• you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use.
7. Termination
Lauren Schlau Consulting reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, Lauren Schlau Consulting may terminate your use of the Services or access to the Site immediately and without notice if: (a) you breach the Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) Lauren Schlau Consulting is unable to verify or authenticate any information you provide to it, or (d) any material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.
8. Governing Law, Jurisdiction and Dispute Resolution
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. You and Lauren Schlau Consulting agree that any and all disputes arising out of or related to the Terms of Use shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in California.
9. Changes to the Services and the Site
Lauren Schlau Consulting reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any features, databases or content. Lauren Schlau Consulting will attempt to provide reasonable notice of such changes to the Services or the Site. Lauren Schlau Consulting may also impose limits on features or restrict access to parts of the Site.
10. Modifications to the Terms of Use
Lauren Schlau Consulting may amend these Terms of Use at any time by posting amended Terms of Use to the Site. The amended Terms of Use shall be effective immediately upon posting to the Site. Lauren Schlau Consulting therefore encourages you to review these Terms of Use frequently.
11. Proprietary Rights.
Lauren Schlau Consulting owns and retains all proprietary rights in the Site and the Services. The Site contains the copyrighted material, trademarks, and other proprietary information of Lauren Schlau Consulting and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
12. Protection of Password.
In cases where you have allowed any other individual or entity to access the Site through your password, or have negligently made your password available to individual or the public at large, you recognize and agree that you are fully responsible for the conduct of such users, controlling the users' access to and use of the Site, and for the consequences of any misuse.
13. Miscellaneous
Your sole remedy for any breach of these Terms of Use by Lauren Schlau Consulting shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of Lauren Schlau Consulting, or any breach of these Terms of Use by Lauren Schlau Consulting. These Terms of Use constitute the entire understanding of you and Lauren Schlau Consulting with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and Lauren Schlau Consulting. The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and Lauren Schlau Consulting as reflected in the original provision. Any delay or failure on the part of Lauren Schlau Consulting to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time. You indemnify and hold harmless Lauren Schlau Consulting, and the officers, directors, employees, partners, principals, agents and representatives of Lauren Schlau Consulting, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.
Fees for services offered by us are available as described in Section 1.
