The following describes the terms on which Consultant Listings offers you access to our services.
By using the services on the Consultant Listings websites (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the “Agreement” or “User Agreement”) with Consultant Listings Inc. and the general principles for the websites of our subsidiaries.
This Agreement is effective on January, 1st 2012, for current users, and upon acceptance for new users.
Using Consultant Listings
While using the Sites and Services, you will not:
violate any laws or third party rights
use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
distribute or post spam;
distribute viruses or any other technologies that may harm Consultant Listings, or the interests or property of Consultant Listings users;
copy, modify, or distribute content from the Sites and Consultant Listings’ copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Consultant Listings
Consultant Listings and our users work together to keep the Sites working properly. Please report problems, offensive content, and policy violations to us. If you believe that your rights have been violated, please notify us and we will investigate.
You may not transmit, distribute, download, copy, cache, host, or otherwise store any information, data, material, or work that infringes the intellectual property rights of others. Consultant Listings has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998.
You may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
Fees and Services
We charge subscription fees for our services and those fees may change from time to time. Changes to fees are effective after we provide you with at least thirty days’ notice by posting the changes on Consultant Listings.com or DSAid.com. All fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
You are responsible to cancel your account before the renewal date. Cancellation can be done in the Members section after logging in by clicking the link labeled “Cancel Ad” near each active listing. Cancellation will result in full deletion of all your data and is not recoverable.
If you cancel, we reserve the right to delete all your stuff.
If you cancel the Service before the end of your current paid up month, you will NOT be charged on the next scheduled billing. Cancellation means we cancel your account immediately and reserve the right to delete your stored content.
Consultant Listings has the right to terminate your account or suspend it for any reason. Consultant Listings reserves the right to refuse Service to anyone, anytime, at its sole discretion.
The Website Designs, Consultant Listings (WebContent) are protected by federal copyright law. Photocopying or reproducing them in any form other than for personal use by Subscriber or Subscriber’s clients is strictly prohibited.
Your use of the WebContent over any period of time gives you no rights other than those rights granted by this license. Consultant Listings reserves the right to add, delete or modify WebContent, as it deems appropriate. Subscriber will relinquish the license to use WebContent upon termination of its subscription to Consultant Listings.
WebContent is to be used only in regard to your direct sales business and shall not be used in connection with any commercial venture, directly or indirectly and whether or not related to the direct sales business.
You will not hold Consultant Listings liable for any indirect, incidental, or consequential damages or for any loss of revenue or profits resulting from the use of Consultant Listings’ Sites and Services, or any failure of the Sites or any loss of data resulting from delays or service interruptions.
Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
Access and Interference
The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Consultant Listings by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Consultant Listings;
interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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 this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Consultant Listings’s national registered agent or to the email address you provide to Consultant Listings during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes
If a dispute arises between you and Consultant Listings, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Consultant Listings agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes – This Agreement shall be governed in all respects by the laws of the State of Utah as they apply to agreements entered into and to be performed entirely within Utah between Utah residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Consultant Listings must be resolved by a court located in Salt Lake County, Utah, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such 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, the specific manner shall be chosen 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.
Improperly Filed Claims – All claims you bring against Consultant Listings must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Consultant Listings may recover attorneys’ fees and costs up to $1000, provided that Consultant Listings has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Consultant Listings Inc. is located at Cottonwood Heights, UT. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you via email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.