Welcome to One hour free consulting! Before you begin using One hour free consulting, you must read and agree to these One hour free consulting Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
* IT Schema LLC Terms of Service - IT Schema LLC's general terms and conditions (http://www.ITSchema.com/legal.html)
* IT Schema LLC Privacy Policy - How we maintain and protect your personal information in One hour free consulting (http://www.ITSchema.com/privacy.html)
* One hour free consulting Non Disclosure Agreement (NDA) – We will happily review and on 99% of cases, sign your NDA if you would prefer. If the latter is your preference, please send your NDA in advance of your request by email to: enquiries@itschema.com Our NDA can be accessed at: (http://www.ITSchema.com/NDA.html)
If we have had no prior business, we cannot notify you when major changes are made to these One hour free consulting Terms of Service. Therefore, you should review the most up-to-date version (http://www.itschema.com/1hour-terms.html). IT Schema LLC may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the One hour free consulting service. In the event of an inconsistency between the One hour free consulting Terms of Service and either IT Schema LLC's general Terms of Service (http://www.ITSchema.com/terms_of_service.html) or the IT Schema LLC Privacy Policy (http://www.ITSchema.com/privacy.html), the One hour free consulting Terms of Service (http://www.itschema.com/1hour-terms.html) shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service. One hour free consulting is a in person, web-form or tele-conference service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your consultation results secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. IT Schema LLC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other results occurring from the consultation recommendation. IT Schema LLC also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you
You must be at least thirteen (18) years of age to use the Service. IT Schema LLC reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the One hour free consulting Content terms of service and the rules and restrictions therein.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. IT Schema LLC reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Although IT Schema LLC shall endeavor to provide the most accurate consulting, by their very nature, One hour free consul ting’s rapid turnaround and short engagements may carry errors or inaccurate recommendations. We expect that you will use caution and common sense and exercise proper judgment when using IT Schema LLC’s One hour free consulting. IT Schema LLC does not guarantee the truthfulness and accuracy of the Service. You acknowledge that any reliance on material posted or communicated via the Service will be at your own risk.
3. Privacy. As a condition of using the Service, you agree to the terms of the IT Schema LLC Privacy Policy (http://www.IT Schema.com/privacy.html), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that IT Schema LLC may access or disclose your personal information, including the content of your communications, if IT Schema LLC is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the general IT Schema LLC Privacy Policy. Personal information collected by IT Schema LLC may be stored and processed in the United States or any other country in which IT Schema LLC Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
4. General Practices Regarding Use and Storage. You agree that IT Schema LLC 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 Service.
5. Content of the Service. IT Schema LLC takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does IT Schema LLC have any obligation to monitor such third-party content. IT Schema LLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. IT Schema LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of IT Schema LLC, its users and the public. IT Schema LLC will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights. IT Schema LLC's Intellectual Property Rights. You acknowledge that IT Schema LLC owns all right, title and interest in and to the Service, including all intellectual property rights (the "IT Schema LLC Rights"). IT Schema LLC Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, IT Schema LLC Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. IT Schema LLC claims no ownership or control over any Content submitted, posted or displayed by you on or through IT Schema LLC services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through IT Schema LLC services and you are responsible for protecting those rights, as appropriate. By submitting a request, through IT Schema LLC services which are intended to be available excusivley between you and IT Schema LLC. IT Schema LLC furthermore reserves the right to refuse to accept your request at anytime without prior notice.
You represent and warrant that you have all the rights, power and authority necessary to grant access by IT Schema LLC staff in order to honor your request herein to any Content submitted.
7. No Resale of the Service. Unless expressly authorized in writing by IT Schema LLC, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
8. Publicity. Any use of IT Schema LLC's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "One hour free consulting," "ITSC”, “RRCS”, “project Cirrus” and “VIRAPP.com”, must be in compliance with this Agreement and in compliance with IT Schema LLC's then current Brand Features use guidelines, and any content contained or referenced therein, which may be found at the following URL: http://www.IT Schema LLC.com/practices.html (or such other URL IT Schema LLC may provide from time to time).
9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to IT Schema LLC to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension. IT Schema LLC may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your request. In the event of termination, your request will be disabled we may not be able to send any attached documentation back to you. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
11. Indemnification. You agree to hold harmless and indemnify IT Schema LLC, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, IT Schema LLC will provide you with written notice of such claim, suit or action.
12. Entire Agreement. This Agreement constitutes the entire agreement between you and IT Schema LLC and governs your use of the Service, superseding any prior agreements between you and IT Schema LLC. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other IT Schema LLC services, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms. The failure of IT Schema LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of IT Schema LLC services or the Terms of Service must be filed within one (6) months after such claim or cause of action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of such courts.
16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
© 2008 IT Schema LLC.
IT Schema LLC, is a California limited liability company. IT Schema LLC partners and its member firms are separate legal entities and have no liability for another such entity's acts or omissions.
Trademark
ITSchema, IT Schema, IT Schema LLC, and the IT Schema Logo are trademark or registered trademark of IT Schema LLC.
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