Terms and Conditions of Usage Guidelines
YESS Consulting Services, LLC is located at yessconsulting.com (This ‘Website’). By accessing and/or using This Website and/or our Programming services (the ‘Service’) you agree to comply with, and be bound by, the following terms and conditions (the ‘Agreement’). Please review this Agreement carefully.
If you do not agree to this Agreement in its entirety, you are not authorized to use This Website and/or Service in any manner or form, whatsoever.
Last modified: January 27, 2014
- All services provided by This Website must be used for lawful purposes only.
- Transmissions, links, storage or presentation of any information, data, text, software, photographs, graphics video, messages or other materials (“Content”) in violation of any United States Federal, State, City, Local, County, Parish, or Municipal law is strictly prohibited. (This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute).
- Transmissions, links, storage or presentation of Content that violate any statutory or common law right is strictly prohibited.
- Transmissions, links, storage or presentation of Content that may be damaging to This Website servers or any other server on the internet are strictly prohibited.
- Transmissions, links, storage or presentation of ANY pornographic content, sex-related marketing, and sex-related merchandising information is strictly prohibited.
- Transmissions, links, storage or presentation of Content that infringes on any copyright is strictly prohibited.
- Transmissions, links, storage or presentation of Content that interferes with any intellectual property or other proprietary rights of any third party is strictly prohibited.
- Transmissions, links, storage or presentation of Content that infringes on any right of privacy is strictly prohibited.
- Transmissions, links, storage or presentation of Content that promotes spamming is strictly prohibited.
- Transmissions, links, storage or presentation of Content that is libelous or otherwise in contravention of law is strictly prohibited.
- Transmissions and linkage to sites that are illegal (i.e. such as warez sites, etc), is strictly prohibited.
- You, the client, are solely responsible for ALL information, data, text, software, photographs, graphics video, messages or other materials (“Content”) used on your websites.
- You, the client, shall bear all risks associated with the use of any content on the site and unequivocally agrees to indemnify and hold This Website harmless from any claims resulting from the use of the service which damages any party in any unlawful manner.
The Federal E-Sign Act (HR-1714) on Final Digital Signature provides that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing the online applications, forms, and contracts at This Website, You, the client, certifies that their digital signature is the equivalent of its handwritten signature. Also, You, the client, declares that it has read and understands all of the Terms and Conditions and agrees to and does sign each section of these Terms and Conditions with its digital signature.
Third Party Advertisements:
- Our Third party Advertisements include tracking technology to accurately depict This Website as the vendor that referred you to the third party advertiser’s goods and/or services.
Refusal of Service:
- This Website reserves the right to refuse to provide services to entities that This Website determines to be inappropriate.
- This Website reserves the right to discontinue service to sites that do not abide by the “Terms and Conditions of Usage Guidelines” set forth in this document.
- The Service is available only to individuals who can enter into legally binding contracts under applicable law.
- If you are under the age of 18, you do not have authorization to access or use the Service in any manner whatsoever.
- If you are a Website visitor (‘Visitor’), you may use This Website in order to obtain information about This Website and the Services. Visitors are not authorized to access any content and/or data available to those individuals that are clients.
- This Website reserves the right to modify, or change these “Terms and Conditions of Usage Guidelines” as it deems necessary. It is the client’s responsibility to keep current with changes in the “Terms and Conditions of Usage Guidelines”, as changes are effective for clients, irrespective of when service is initially rendered.
Limitation of Liability:
- This Website 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 resulting from:
- the use or the inability to use This Website;
- the cost of procuring substitute goods and services resulting from any goods, data,information or services purchased or obtained or messages received or transactions entered into through or from This Website;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on This Website; or
- any other matter relating to This Website.
- You will indemnify and hold This Website, and its subsidiaries, affiliates, officers, shareholders, employees, agents, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of your Content, your use of This Website, the use of This Website by any person who uses This Website while logged on under your user name and password, your default under any provision in this User Agreement, your violation of any laws or your violation of any rights of another person.
- The information clients provide to This Website will be kept confidential and will not be distributed to any outside agency.
- A client may cancel services with This Website by notifying This Website by sending an e-mail, or by calling 1-404-939-8113, Monday through Friday from 8:00 a.m. to 8:00 p.m. EST, and Saturday from 10 a.m. to 3 p.m. EST (excluding holidays).
- The written proposal (or work order) for each client’s project will explicitly define the project based on project milestones. At each milestone, both an installment payment, and a client approval document must be approved; this process will ensure that each phase of work has been completed per a clients’ specifications BEFORE work will begin on the
next phase. Work accepted and signed off by a client are not eligible for any type of refund.
- This Website, in its sole discretion without notice to you, may:
- terminate access to your website when the “Terms and Conditions of Usage Guidelines” is breached
- terminate access to your website for Non-payment of services rendered by This Website.
- remove and discard any of your Content stored on This Website that does not adhere to the guidelines outlined in the “Terms and Conditions of Usage Guidelines” [in the event that This Website terminates your account, This Website will refund to you any unused amounts associated with your account]
Changes to this Terms and Conditions of Usage Guidelines
The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Website reserves the right to refuse, cancel, or suspend service(s) at our sole discretion. You will, of course, be notified prior to cancellations or suspensions.