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Terms of service agreement
1. ACCEPTANCE M.L. Burke Consulting Inc. provides its service ("Service") to you, subject to the following Terms of Service ("TOS"). The TOS tell you what you can expect from the Service, and what M.L. Burke Consulting Inc. expects of you. M.L. Burke Consulting Inc. may amend the TOS at any time by posting an amended TOS on our website. The TOS may not be otherwise amended except in a writing signed by you and M.L. Burke Consulting Inc.. 2. REGISTRATION OBLIGATIONS 3. PROHIBITED USES You agree that you will not: a. impersonate any person, including a M.L. Burke Consulting Inc. employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the TOS; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 4. OWNERSHIP AND RESTRICTIONS The license granted in these TOS does not constitute a transfer or sale of M.L. Burke Consulting Inc.'s ownership rights in the M.L. Burke Consulting Inc. Database. M.L. Burke Consulting Inc. retains all right, title, and interest in and to the M.L. Burke Consulting Inc. Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the M.L. Burke Consulting Inc. Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the M.L. Burke Consulting Inc. Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the M.L. Burke Consulting Inc. Database, unless expressly authorized in the TOS. 5. CHILDREN M.L. Burke Consulting Inc.'s policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of M.L. Burke Consulting Inc.'s products and services. You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to M.L. Burke Consulting Inc. that you are at least 13 years old. 6. M.L. Burke Consulting Inc. PRIVACY POLICY Certain registration information and other information about you may be collected by M.L. Burke Consulting Inc. and through the Service. M.L. Burke Consulting Inc.'s use of this information is governed by the M.L. Burke Consulting Inc. Privacy Policy, available at: 7. USER WARRANTY You represent and warrant to M.L. Burke Consulting Inc.: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to M.L. Burke Consulting Inc., including, but not limited to your Recommendations; (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at M.L. Burke Consulting Inc.'s then-current rates; 8. INDEMNITY You will indemnify and hold M.L. Burke Consulting Inc., and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party. 9. MODIFICATIONS TO SERVICE M.L. Burke Consulting Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. M.L. Burke Consulting Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 10. TERMINATION You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with M.L. Burke Consulting Inc.. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or M.L. Burke Consulting Inc.'s enforcement or application of the TOS; (b) any policy or practice of M.L. Burke Consulting Inc., including the Privacy Policy, or M.L. Burke Consulting Inc.'s enforcement or application of these policies; (c) the data available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any M.L. Burke Consulting Inc. billing methods. M.L. Burke Consulting Inc., in its sole discretion, may terminate your membership and remove and discard any of your Recommendations without notice if M.L. Burke Consulting Inc. believes that you have violated or acted inconsistently with the TOS. M.L. Burke Consulting Inc. will not be liable to you for termination of your membership to the Service. Sections 7, 8, 9, 11, 12, 13, 17, and 18 will survive the termination of the TOS and your membership. 11. LINKS The Service may provide links to third party web sites. M.L. Burke Consulting Inc. has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. M.L. Burke Consulting Inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites. 12. DISCLAIMER OF WARRANTIES YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. M.L. Burke Consulting Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM M.L. Burke Consulting Inc. OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS 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 MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 13. LIMITATION OF LIABILITY M.L. Burke Consulting Inc. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF M.L. Burke Consulting Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL M.L. Burke Consulting Inc.'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO M.L. Burke Consulting Inc. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 14. TRADEMARK INFORMATION M.L. Burke Consulting Inc., the M.L. Burke Consulting Inc. logo, and other M.L. Burke Consulting Inc. logos, products and service names are trademarks of M.L. Burke Consulting Inc.. You must not display or use them in any manner. The exception to is are the M.L. Burke Consulting Inc. 'buttons' provided for links back to the M.L. Burke Consulting Inc. website, which may be used on other web sites. 15. ARBITRATION Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by M.L. Burke Consulting Inc. to collect fees or recover damages for, or obtain an injunction relating to, M.L. Burke Consulting Inc.'s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Santa Clara, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or M.L. Burke Consulting Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara, California necessary to protect the rights or property of you or M.L. Burke Consulting Inc. pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. 16. GENERAL INFORMATION M.L. Burke Consulting Inc. may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and M.L. Burke Consulting Inc. and governs your use of the Service, superseding any prior agreements between you and M.L. Burke Consulting Inc.. You also may be subject to additional terms and conditions that may apply when you use other M.L. Burke Consulting Inc. products or services. The TOS and the relationship between you and M.L. Burke Consulting Inc. will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Santa Clara, California. The failure of M.L. Burke Consulting Inc. to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.
I agree to the terms above