INTRODUCTION
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Moodie Bluez Consulting (“Company”, “we”, “us”, “our”, “Moodie Bluez Consulting), concerning your access to and use of the Moodiebluezconsulting.com website as well as any other media form, websites or related, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.
Moodie Bluez Consulting reserves the right to change or modify these Terms at any time and in our sole discretion. By continuing to access or use the Sites or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
Please read the Terms of Use carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
NO LEGAL ADVICE
No attorney-client relationship or privilege is created by any service provided by CBM Business Solutions LLC. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts, however, by using this Site, you acknowledge and agree that CBM Business Solutions LLC and its affiliates are not providing legal advice or acting as your attorney, and you assume full responsibility for any consequences and costs associated with your use of this Site and as it relates to your legal matters.
SERVICE & ACCOUNTS
Company provides products and paid services based on listed prices. You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; and (5) your use of the Site will not violate any applicable law or regulation.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You agree that CBM Business Solutions LLC will not be liable for any loss or damage arising from your failure to comply with this provision.
USER CONTENT
Our site or service may include features and areas which allow users to share or create content which includes but is not limited to documents, texts, code, or other media (“User Content”). As such, all users agree that by using our site they must abide by the following rules for posting content.
User Content may not contain any pornographic, obscene, lewd, or otherwise unlawful material;
User Content may not in any way constitute a violation of local, international, or state law;
User Content may not misrepresent, fraudulently depict, or depict claims not of your own;
User Content may not represent any promotions, solicitations, advertising, or political campaigning or position;
User Content may not contain any corrupted data, virus, or harmful or data collecting file;
We may restrict any User content in our sole discretion.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and you also agree to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
PARENTAL PERMISSION
Children under the age of 18 are not permitted to use the Site, even with parental permission. Individuals under the age of 18 are not permitted to purchase any of the Services.
SITE MANAGEMENT
We have no obligation to monitor the site for violations of these terms. We however reserve the right to take any legal action on anyone who breaches these terms at our sole discretion. Further, we reserve the right to restrict access to, limit availability of, disable, or otherwise manage the content of our website. No provision in these terms shall restrict our ability to report users or share data with any law enforcement authority.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information below.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in an Email. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
INTELLECTUAL PROPERTY RIGHTS
The site and program are the intellectual property of the Company. This includes all code, data, software, video, audio, design, trademark, service mark, graphics, text, and any content (“content”) displayed on the company website. This content is protect by copyright laws and competition laws of the U.S. and other foreign jurisdictions. This content is also provided for personal use only. No content may be duplicated, copied, republished, reproduced, sold, exploited, or otherwise licensed without our express written consent.
By using the site, you are granted a limited license to use or access certain content for personal non-commercial use. We reserve all rights to all content used in our services.
LICENSE
By posting or sharing anything to any part of the Site or linking your account from the Site to any of your social networking accounts, you grant, represent and warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, publicly display, and distribute such content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such content, and grant and authorize sub-licenses of the foregoing. We are not responsible for any content provided by you to the site. You agree to hold company harmless for any content you post. Additionally, you acknowledge that company may in its discretion censor, redact, categorize, screen, change or otherwise delete any content you provided.
PAYMENT & SERVICES
You may purchase one or more of the services or products offered by the Company. Your purchase will only give you access to the particular Company product for which you have paid. Although the Company in its discretion may allow users to use one or more of its other Services if you meet requirements, you will not be able to use the Services without registering an account and paying for it specifically.
The price and payment procedures are permanently accessible on the Websites.
All prices stated include all relevant local taxes.
We reserve the right to change the cost of any of our Services.
To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures).
Moodie Bluez Consulting may use a domestic or an international third-party payment service, the latter of which could result in international transactions fees billed to your credit card, (collectively, the “Payment Service”), to collect payments for all fees. You acknowledge and agree that CBM Business Solutions LLC is not liable for the Payment Service’s services, its site or any acts or omissions of the Payment Service.
BILLING ERRORS
If you are not satisfied or believe there has been an error in billing, please contact Customer Services by emailing us at [email protected]
TERMINATION & SUSPENSION
These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, or notice in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
INTERRUPTIONS
There may be interruptions of your service at times. As such, we do not guarantee that the service will be available. This may be caused by hardware, software, or other technical errors or delays. We reserve the right to make any changes, repairs, updates, or revisions to the site or program. You agree that company cannot be held liable for any loss or damage which arises from the interruption of the service.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us or a third party (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
BINDING ARBITRATION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) or any other alternative dispute resolution firm to be determined exclusively by CBM Business Solutions LLC and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules or the rules of the chosen ADR firm. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law in accordance with the laws of the state of New York, and any award may be challenged if the arbitrator fails to do so.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, ie New York and the Parties agree to submit to the personal jurisdiction of that court.
THIRD PARTY CONTENT & ACCOUNTS
The Site may contain links to other websites (“Third Party Content”). We are not responsible for any Third Party Websites accessed through the Site or any Third Party Content contained in the Third Party Websites.
If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
While all effort has been made to ensure that templates will be legally effective, there may be differences or changes in state laws that would mean that one of our templates, especially but not exclusively where it is a generic template, will not apply in your state of residence. Wherever possible, you should use a state-specific rather than a generic document and, in all cases, should make every possible effort to obtain legal advice on the effectiveness of the document you intend to use.
Moodiebluezconsulting.com, its owners and corporate structures purport to limit our liability to the fullest extent permitted by federal, state and local law in all situations including situations where a user of our templates has used a template, whether generic or otherwise, that is later found by a court, arbitral body, tribunal or other dispute resolution method or methods to be ineffective.
LIMITATIONS OF LIABILITY
BY USING OUR SERVICE, OR ANY PORTION OF OUR WEBSITE, YOU AGREE IN NO EVENT OUR EMPLOYEES, DIRECTORS, OR AGENTS BE LIABLE TO YOU OR ANOTHER PARTY FOR ANY DAMAGE INCLUDING BY NOT LIMITED TO: LOSS OF REVENUE, SPECIAL, PUNITIVE, LOSS OF DATA, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OUR SERVICES OR WEBSITE.
INDEMNIFICATION
You agree to, indemnify, defend and hold us harmless, affiliates, and all of our agents, directors and employees from any damage, claim, liability or demand, including expenses and attorney’s fees arising out of: (1) your use of services; (2) use of the Site; (3) breach of these Terms of Use; or (5) any illegal act. We reserve the right to assume exclusive defense and control of all matters which you indemnify us, and you agree to defend such claims.
ATTORNEY FEES
Any action or proceeding related to or arising from this Agreement, in which company is a party and/or judgement is entered in against yourself, you shall be responsible for CBM Business Solutions LLC’ attorneys’ fees and costs. This shall include but not be limited to all filing fees and costs related to any collection efforts.
MISCELLANEOUS
This policy along with any other terms of use or rules posted by Company constitute the entire agreement between yourself and company. If we fail to enforce or exercise any term, provision, or right herein, it shall not operate as a waiver of such provision.
If any term or provision of this policy is found by a tribunal to be unenforceable or void, that provision shall not invalidate the entire agreement and shall be severable from this policy. Such terms shall not affect the enforceability of the remaining agreement.
In the event that we assign our rights to another company, we shall not be liable for any loss or damage caused during the assigning.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
REFUND POLICY
DUE TO DIGITAL NATURE OF THE INFORAMTION AND THE VALUE YOU’LL RECEIVE ON OUR PRODUCT, WE DO NOT OFFER ANY REFUNDS.C) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS”.
COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COMPANY ARE SOLD “AS-IS”. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at [email protected].