BY VISITING WWW.CONSULTSDW.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AND OUR DISCLAIMER.
These Terms and Conditions are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use of, or access to any of our products, programs or services.
Terms and Conditions
Last updated September 1st, 2020
This page explains the terms by which you may use our online and/or mobile services, websites (including any subdomains), services, and products. If you have any questions or concerns, please contact us at [email protected].
Table of Contents
1. Use of Language:
All programs, products, and services are owned and provided by SDW Consulting LLC (“Company”, “we”, “us”, or “our”). The term “website” or “site” refers to www.consultsdw.com and includes any of our services (“service”, “offering”, or “asset”), made available on or through this website, including but not limited to the website, information content, all other intellectual property on the website, programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media, and/or other communication (collectively referred to as “Website”).
2. Agreement to Terms:
→ 2.1 — The website is owned by SDW Consulting LLC. You agree that by accessing the Website and/or Services, you have read, understood, agree and consent to be bound by all of these Terms and Conditions.
These Terms and Conditions govern and define how you are allowed to use and access Company’s offering. You are legally bound by these Terms and Conditions whether or not you have read them. If you do not agree with any of our Terms and Conditions, then you are prohibited from using the Website and Services and you must discontinue use immediately. Please email us, and we will make reasonable efforts to remove your name, email, and access to our offering and website.
We recommend that you print a copy of these Terms and Conditions for future reference.
→ 2.2 — The supplemental policies set out below, as well as any supplemental terms and conditions, Licenses, or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
Additional policies which also apply to your use of the Site include:
- Our Privacy Notice http://www.consultsdw.com/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- License Terms, which sets out the terms of your use of any asset.
→ 2.3 — We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
→ 2.4 — We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
→ 2.5 — Our site is directed to people residing in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
→ 3.1 — Age of Use: The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
→ 3.2 — Use of this website is at your own risk: We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website.
→ 3.3 — Your Consent: When you purchased or otherwise accessed our Website and offerings, you were given a reasonable notice that these Terms and Conditions exist. By moving forward with purchasing or accessing the offering, you implicitly agree and continue to agree to abide by these Terms and Conditions as well as all supplemental policies as outlined in 2.2.
→ 3.4 — Non-Disparagement: You agree that you will not disparage or encourage others to disparage the company. For purposes of this agreement, the term disparage includes without limitation comments or statements, made in any matter or medium, about the company which would adversely affect any manner of the conduct of the business of the company, without limitations to the company’s business plans or prospects or the business reputation of the company.
If you are found to be slandering, libeling, or otherwise disparaging the company, offering, or related materials at our discretion, you will be immediately removed from the offering and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm the company.
→ 3.5 — License Terms. Your use of any Services or Assets is subject to the applicable License. We offer different license types, so it is important that you carefully review the rights and restrictions of the License that applies to the Assets before you purchase a license. In the event of a conflict between the License applicable to you and these Terms, the License will apply to the extent of that conflict.
→ 3.6 — Monitoring and Enforcement; Termination. The Company reserves the right to monitor downloads and user activity to ensure compliance with the terms of these Terms and the applicable License, which it may update from time to time. We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. We may remove or refuse to post any User Content (defined below) for any reason or no reason in our sole discretion. Upon termination for any reason or no reason, you continue to be bound by these Terms.
4. Notifications and Emails:
By providing your email address, you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (“Newsletters”). We may provide other notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, “push” mobile notifications, written or hard copy notice, or through posting of such notice on our website, as determined by SDW Consulting LLC in our sole discretion (in accordance with applicable law). The Company reserves the right to determine the form and means of providing notifications to our Users. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
5. Service Rules and Acceptable Use:
→ 5.1 — You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
→ 5.2 — As a user of this Site, you agree not to engage in any of the following prohibited activities:
[ a ] Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”
[ b. ] Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us.
[ c ] Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
[ d ] Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
[ e ] Engage in unauthorized framing of or linking to the Site
[ f ] Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
[ g ] Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
[ h ] Sell or otherwise transfer your profile
[ i ] Use any information obtained from the Site in order to harass, abuse, or harm another person
[ j ] Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
[ k ] Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
[ l ] Attempt to access any portions of the Site that you are restricted from accessing
[ m ] Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
[ n ] Delete the copyright or other proprietary rights notice from any of the content
[ p ] Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
[ q ] Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
[ r ] Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
[ s ] Use the Site in a manner inconsistent with any applicable laws or regulations
[ t ] Advertise products or services not intended by us
[ u ] Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
[ v ] Make improper use of our support services, or submit false reports of abuse or misconduct
[ w ] Attempt to impersonate another user or person, or use the username of another user
[ x ] Threaten users with negative feedback or offering services solely to give positive feedback to users
[ y ] Misrepresent experience, skills, or information about a User
[ z ] Falsely imply a relationship with us or another company with whom you do not have a relationship
[ aa ] Transmitting spam, chain letters, or other unsolicited promotional email
[ ab ] Collecting or harvesting any personally identifiable information, including account names and emails, from the Service
[ ac ] We may, without notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms
6. User Content:
→ 6.1 — There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site and that they may be able to see who has posted that User Content.
→ 6.2 — When contributing to our website or offering, you must own the copyright to any image(s) you use by default or voluntarily on our platforms or in our offering or related materials. You agree to hold Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
→ 6.3 — By submitting a comment, photo, video, or other materials to any website or platform owned or maintained by us, including but not limited to third-party access sites, such as our Facebook group(s) or online software platforms that we use to distribute our offering and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part for promotional, business development, and marketing purposes unless you explicitly state that we may not do so with said submission.
→ 6.4 — You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.
→ 6.5 — You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
→ 6.6 — We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
→ 6.7 — We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen, and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
→ 6.8 — If you wish to complain about User Content uploaded by other users please contact us at [email protected].
7. Our Content:
→ 7.1 — Unless otherwise indicated, the Site, Content, Products, and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.
→ 7.2 — Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, edited, adapted, modified, aggregated, republished, uploaded, posted, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, rented, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
→ 7.3 — Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
→ 7.4 — You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
→ 7.5 — We shall (a) prepare the Site and Our Content with reasonable skill and care, and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.
→ 7.6 — The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
→ 7.7 — Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that Our Content on the Site is accurate, complete, or up to date.
→ 7.8 — You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate Our Property or Content as it sees fit in its sole discretion, in any general or specific case, and that we will have no liability to you based on its exercise of such right. All data on our servers are subject to deletion, alteration, or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history, and account content residing on our servers, may be deleted, altered, moved, or transferred at any time for any reason in our sole discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on our servers.
8. Intellectual Property Notice:
Any and all materials, paid or free, that you access on this or any related domains that contain our Offering are under the sole ownership or licensed use of SDW Consulting LLC or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our website, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
Even though our Offering is not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction according to international business and privacy law by opting into or purchasing any Offering or accessing its related communications and/or materials.
9. Fees and Paid Services:
→ 9.1 — Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the posted pricing and payment terms as we may update them from time to time. We may cancel subscriptions without prior notice if we are unable to process payment through the provided method of payment.
→ 9.2 — Account Cancellation: You may cancel your account at any time; however, should you cancel your account, you will not be granted a refund upon cancellation. In the event that we suspend or terminate your account or these Terms for any reason, you understand and agree that you shall receive no refund or exchange for any Offerings, Assets or Property, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
→ 9.3 — Refund Policy: Please refer to the sales page and/or service agreement for individual offerings. You acknowledge that as most of our offerings are digital and cannot be returned, your purchase is not eligible for a refund unless outlined explicitly on the sales page.
You agree that all refunds are at the sole discretion of SDW Consulting LLC. We have no obligation to refund amounts paid to license digital Assets, including but not limited to if we find that the Asset has been downloaded by the User. You agree to the full Refund & Exchange Policy, which we may modify from time to time in our sole discretion.
In the event we make an exception and issue a refund (which it is under no obligation to provide), you understand and agree that you must immediately retrieve and delete all relevant product files from any and all places you have distributed the files to and all computers you have downloaded them to, including but not limited to any cloud storage accounts.
You also understand and agree that once a refund is requested, you are not permitted to exploit the product files (Assets) in question, and immediately upon receipt of a refund, all licenses to such product files and underlying content are revoked, and you are not authorized to use the product in any form or for any purpose whatsoever.
→ 9.4 — Payment Information and Taxes: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
→ 9.5 — Delinquent Payments: After 30 days of outstanding payment, we reserve the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs, including reasonable attorney’s fees.
→ 9.6 — Chargebacks: You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of our offering. We reserve the right to present proof of your access and these Terms and Conditions to the financial institution investigating the dispute.
→ 9.7 — Recurring Payments: If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in this agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.
→ 9.8 — Dispute Resolution: If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through alternative dispute resolution or mediation before filing a civil cause of action.
10. Security and Assumption of Risk:
→ 10.1 — Security: It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions. We do not store any whole credit card numbers or payment information. Payments are processed through our third-party processors (Stripe, Paypal, or Wave). By utilizing these payment processors to gain access to the offering, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
→ 10.2 — Assumption of Risk: By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
11. General Disclaimer:
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our offering, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
12. Professional Disclaimer:
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use. None of the offering or its related materials should be construed as medical, legal, financial advice. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP, respectively.
13. Personal Responsibility:
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from my Website to your life, family or business.
14. External Links:
The Site may contain (or you may be sent through the Site links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.
We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
15. No Endorsement:
References or links in my Website to the information, opinions, advice, programs, products, or services of any other individual, business, or entity does not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products, and/or services of any other person, business, or entity that may be linked or referenced in my Website. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product, or services, it does not constitute my formal endorsement of them, their business, or their website either.
This site uses affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.
18. Earnings Disclaimer:
Any earnings or income statements or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.
19. No Guarantees:
My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
20. Errors and Omissions:
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our offering. We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in our Offering or related materials. This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. If you see any errors or omissions and would like to let us know, please email [email protected].
21. Technology Disclaimer:
We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Offering and related materials. However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technical issues are far outside our control and will require You to access support from a third-party provider.
22. Warranties Disclaimer:
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You agree at all times to indemnify and hold harmless the Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, or demands whatsoever, in law or equity, that may arise in the past, present or future arising out of or related to our website or offering.
24. Limitation of Liability:
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SDW CONSULTING LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH
1) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; 2) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND 3) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SDW CONSULTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED, AND IF NO PURCHASE HAS BEEN MADE BY YOU SDW CONSULTING LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
25. Governing Law and Jurisdiction:
Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States). The laws of the State of California will govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the laws governing) these Terms. In addition, you agree that any claim, action, or dispute arising under or relating to these Terms will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Napa, or the United States District Court for the Northern District of California in San Francisco. Nothing in the foregoing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.
In the event that any provision of these Terms and Conditions 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 and Conditions such determination shall not affect the validity and enforceability of any other remaining provisions.
If at any time we feel you have violated these Terms and Conditions of Use, then we shall immediately terminate your use of our website, offering, and any related communications as deemed appropriate. It is within our sole discretion to allow any user’s access to our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our website.
28. Entire Agreement:
29. Changes to Terms and Conditions:
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
If you have any questions about these Terms and Conditions, please contact us at [email protected]