ACCEPTANCE OF TERMS

 

• MTC Consulting provides consulting services and resources (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

 

MODIFICATIONS TO THIS AGREEMENT

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• We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

 

CONTENT

 

• You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of MTC Consulting to post content, or if you imply consent that MTC Consulting may post content on your behalf, either by written or oral means, or you fail to inform MTC Consulting that content should be removed, you are equally responsible for the content. You waive any and all claims against MTC Consulting of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on MTC Consulting. You understand that MTC Consulting does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, MTC Consulting and Content available through the Service may contain links to other websites, which are completely independent of MTC Consulting. MTC Consulting makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MTC Consulting be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that MTC Consulting does not pre-screen or approve Content, but that MTC Consulting shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

 

PRIVACY AND INFORMATION DISCLOSURE

 

• MTC Consulting may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by MTC Consulting’s Privacy Policy.

 

CONDUCT

 

You agree not to post, email, or otherwise make available Content:

 

• That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

• That is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;

• That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• That suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

• That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;

• With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

• That impersonates any person or entity, including, but not limited to, a MTC Consulting employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

• That includes personal or identifying information about another person without that person’s explicit consent;

• That is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

• That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

• That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

• That constitutes or contains any form of advertising or solicitation if: posted in areas of MTC Consulting which are not designated for such purposes; or emailed to MTC Consulting users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;

• That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;

• That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

 

Additionally, you agree not to:

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• Contact anyone who has asked not to be contacted;

• “Stalk” or otherwise harass anyone;

• Collect personal data about other users for commercial or unlawful purposes;

• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by MTC Consulting;

• Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

• Post the same item or service in more than one classified category or forum;

• Attempt to gain unauthorized access to MTC Consulting’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or MTC Consulting; or use any form of automated device or computer program that enables the submission of Content on MTC Consulting without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

 

LIMITATIONS ON SERVICE

 

• You acknowledge that MTC Consulting may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MTC Consulting has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MTC Consulting reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MTC Consulting shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

ACCESS TO THE SERVICE

 

• MTC Consulting grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MTC Consulting. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

• MTC Consulting does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by MTC Consulting to do so. You may create a hyperlink to the home page of MTC Consulting, so long as the link does not portray MTC Consulting, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

• Use of the Service beyond the scope of authorized access granted to you by MTC Consulting immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from MTC Consulting that has been signed by one of MTC Consulting’s authorized representatives.

 

TERMINATION OF SERVICE

 

• You agree that MTC Consulting, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MTC Consulting believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that MTC Consulting shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

 

PROPRIETARY RIGHTS

 

• The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MTC Consulting. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MTC Consulting, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. MTC Consulting, as well as certain other of the names, logos, and materials displayed on MTC Consulting, constitute trademarks, trade names, service marks or logos (“Marks”) of MTC Consulting or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with MTC Consulting or those other entities.

• Although MTC Consulting does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MTC Consulting an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant MTC Consulting all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

 

DISCLAIMER OF WARRANTIES

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• YOU AGREE THAT USE OF MTC CONSULTING AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. MTC CONSULTING AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MTC CONSULTING DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF MTC CONSULTING AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, MTC CONSULTING DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON MTC CONSULTING OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON MTC CONSULTING OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, MTC CONSULTING DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH MTC CONSULTING OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MTC CONSULTING, MTC CONSULTING OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

LIMITATIONS OF LIABILITY

 

• UNDER NO CIRCUMSTANCES SHALL MTC CONSULTING BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MTC CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF MTC CONSULTING OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF MTC CONSULTING OR THE SERVICE, FROM INABILITY TO USE MTC CONSULTING OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF MTC CONSULTING OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH MTC CONSULTING OR THE SERVICE OR ANY LINKS ON MTC CONSULTING OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH MTC CONSULTING OR THE SERVICE OR ANY LINKS ON MTC CONSULTING. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

 

INDEMNITY

 

• You agree to indemnify and hold MTC Consulting, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

 

GENERAL INFORMATION

 

• The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and MTC Consulting and governs your use of the Service, superseding any prior agreement between you and MTC Consulting. The failure of MTC Consulting to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

TERMS OF USE FOR ALL SERVICES

 

• MTC Consulting offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.

• As a condition to your use of the Programs and as material inducement on the part of MTC Consulting and its Affiliates to offer the Programs, you expressly acknowledge and agree that use of the Programs are at your sole risk. MTC Consulting and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out consultation services.

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End Agreement.