Terms of Use
Last updated January 28, 2019
OVERVIEW
This website is operated by el Consulting LLC. Throughout the site, the terms “we”, “us” and “our” refer to el Consulting LLC (hereafter referred to as el Consulting). el Consulting offers this website ("Site"), including all information, tools and services available from this Site to you, the user (“User”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Site, you engage in its “Use” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all Users of the Site, including without limitation, Users who are Site visitors, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access this Site or use any features. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Furthermore, by accessing this Site or using any part of the Site or any content or services thereof, you agree to our Privacy Policy and become bound by the Terms of this Agreement.
TERMS AND CONDITIONS
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
This Site, including its tools, applications and features, is intended solely for access and use by individuals who are at least thirteen (13) years old and above. By accessing and using our Site, you, as the User, warrants and represents that you are at least thirteen (13) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the Terms and Conditions of this Agreement. You will not violate any rights of el Consulting including intellectual rights such as copyright or trademark rights. You also agree to use the Site and its services at your cost including equipment, software, and internet access deemed necessary to use our Site
MODIFICATIONS TO CONTENT
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue a web site feature (or any part or content thereof) without notice at any time. The customer has the right to do such as well, unless the service requires a time factor, to which must be adhered. We also reserve the right to modify any content, features, or applications we deem necessary.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a web site feature or service announcement
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online via the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
The display of non el Consulting products is strictly for informational purposes, and does not reflect a professional relationship with any of the companies for which products shown or mentioned. All third-party trademarks and images are properties of their respective owners.
All descriptions of products or pricing, including third party products, are subject to change without notice at any time , at our sole discretion. We reserve the right to discontinue any product or service at any time. We do not warrant that the quality of products, services, information, or other material purchased or obtained by you will meet your expectations, or that errors will be corrected. We will, however, attempt to meet your expectations at all times, both in services and products.
OPTIONAL TOOLS
We may provide you with access to third-party tools, which either helps us conduct our services remotely or helps you manage your system more efficiently. We do not monitor nor have control over these third-party tools. We may attempt to either update third- party tools, or may notify you that updates are available if you are not notified by the third-party provider already.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
You agree that use of such tools is voluntary on your part. The use of optional tools offered, or those that you become aware of via the Site or our services, is entirely at your own risk and discretion, and you understand and approve of the terms by which tools are provided from third-party provider(s).
We may also, in the future, offer new services and/or features through the website or service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
The Site may contain links to third-party websites or resources to help Users learn more about a topic. There is no affiliation or special relationship with the third-party websites that the el Consulting Site links to. You acknowledge and agree that el Consulting is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Furthermore, you acknowledge and agree that when you use a link on our Site to go to another third-party website that our Privacy Policy is no longer in effect; your browsing and interaction on any other website is subject to that website’s own rules and policies. Links to third-party websites do not imply any endorsement by el Consulting for those websites or resources or the Content, products, or services available from those third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources
EMBEDDED CONTENT FROM OTHER WEBSITES
Articles or applications on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website. Our Site relies on Google Sites for features and functionality. See Google’s Terms of Service and Privacy Policy for more information.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Anything you submit to us is voluntary and grants us a worldwide license to use your information for promotional purposes.
PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Site. el Consulting, LLC employs reasonable technical, administrative and physical safeguards to protect the confidentiality and security of your personal information. el Consulting, LLC strives to use commercially acceptable means to protect your Personal Data, but we cannot guarantee its absolute security. By submitting information via our Site, you consent to our Privacy Policy and agree to the transfer of your data, including Personal Data and Usage Data, to the United States for processing. Furthermore, you understand and agree that your submission of personal information and use of the Site is voluntary on your part.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information via the Site is inaccurate at any time without prior notice. We are under no obligation to correct, update, amend or clarify information that may be missing or inaccurate, except as required by law, but we will make a good faith effort to update such information when it becomes known to us. Users should email elconsultingservices@yahoo.com to notify us of any inaccurate information.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time our Site may not be available due to maintenance or other reasons, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site is (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. No advice or information, whether oral or written, obtained from el Consulting LLC or through the Site, including any of features or third party links, are or through the Site and its services, will create any warranty not expressly made herein.
In no case shall el Consulting, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the features or third party links or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless el Consulting and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
DISCLAIMERS AND INDEMNITY
As a User, your access to and use of the Site or any Content is at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, EL CONSULTING AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completificateness, accuracy, availability, timeliness, security or reliability of the Site and its service or any Content thereon. El Consulting will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site and services, or any Content. You also agree that el Consulting has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site and its services. We make no warranty that the Site and its services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from el Consulting or through the Site and its services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EL CONSULTING AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SITE OR ITS SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE AND ITS SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EL CONSULTING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
COPYRIGHT POLICY
el Consulting, LLC respects the intellectual property rights of others and expects Users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your mailing address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding content appearing on the Site is:
el Consulting LLC
2611 North Hartford Street
Chandler, AZ 85225
Email: elconsultingservices@yahoo.com
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
GENERAL TERMS
These Terms and Conditions and any action related thereto will be governed by the laws of the State of Arizona without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Site will be brought solely in Maricopa, Arizona and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
ARBITRATION
For any claim (excluding claims for injunctive or other equitable relief) under these Terms and Conditions where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the use of the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website and any of its features and third party links following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
QUESTIONS, NOTICES, AND SERVICE OF PROCESS
The Site is operated and provided by el Consulting LLC. If you have questions about this Terms of Use Agreement, please contact us via email at elconsultingservices@yahoo.com or via mail or carrier to:
el Consulting LLC,
2611 North Hartford St.,
Chandler, AZ 85225
You may also use this address for service of process. Any notices that do not comply with this section shall have no legal effect.