Date of Last Revision: January 7, 2020
We may from time-to-time amend or modify these Terms in Our sole discretion by posting the amended Terms to the Site or by emailing You to the email address You provided to Us. If You do not agree or consent to Our amended or modified Terms, You shall not use the Services. Your continued use of the Services thereafter shall be considered Your acceptance of the amended or modified Terms. We will notify You of any material changes, amendments or modifications to the Terms through the Site, or through other communication. In the event You choose not to agree and accept the new, modified or amended terms, You shall cease use of all the Services and provide Us with written notice.
Nothing in these Terms shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain Services, and those additional terms shall become part of Your agreement with Us if You use those Services.
If you have any questions, please email us admin@ConsultantDeck.com.
1. Using Our Services
You may use our Services only if you are above the age of 18 and have the legal authority to enter into a binding contract with ConsultantDeck. INDIVIDUALS BELOW THE AGE OF 18 (“MINORS”) SHALL NOT BE ALLOWED TO CREATE AN ACCOUNT WITHOUT THE EXPRESS PERMISSION OF A LEGAL GUARDIAN OR PARENT. IF YOU BECOME AWARE THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A MINOR WITHOUT PARENTAL OR LEGAL GUARDIAN CONSENT, PLEASE LET US KNOW BY CONTACTING US AT admin@ConsultantDeck.com, SO WE CAN TAKE APPROPRIATE ACTION. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity and shall be liable for all actions taken under that account.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain written permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
2. Types of Users
3. Registration and Accounts
By using the Services, You agree to the following: When You register and create an account to use the Services, You agree: (a) to submit a valid e-mail address and password to create Your account (“Account”); (b) to submit accurate information, including but not limited to Your location, phone number, business address, and type of business, on Your account; (c) to keep confidential, all aspects of Your Account including Your user name and password, and content associated with and within it; (d) that You are responsible for any and all uses of Your Account, whether or not You’ve authorized such use; (e) to keep confidential all aspects of other Users’ Account information that You may have authorized access to; (f) to immediately notify Us in writing of any unauthorized use of Your Account; and (g) that You will not use the Services for any unlawful or otherwise prohibited activity. The information required to create an Account may vary depending on the country or region or type of User You or Your company are registered in.
In connection with Your use of the Services, You agree that We may send You service announcements, administrative messages, notifications, offers, promotions, affiliate information and other important information. You may opt out of some of those communications by clicking the “unsubscribe” button on the bottom of all emails sent from us to you. However, you may not opt-out and/or unsubscribe from email from us that involve material information regarding your Account.
4. The ConsultantDeck Rating
A ConsultantDeck 5-star rating on a consultant profile is an average rating from individual reviews. Ratings reflect assessments of a given Consultant, based upon the information submitted to ConsultantDeck. Someone else's assessment of the same Consultant may be very different, or be based upon different information. A ConsultantDeck Rating is not an endorsement of any particular Consultant, and is not a guarantee of a Consultant's quality, competency, or character. Nor is the ConsultantDeck Rating a predictor of the outcome of any matter in which such Consultant is involved. Rather, the ConsultantDeck Rating is intended to be a starting point to gather information about Consultants who may be suitable for your business needs - but you should not rely solely on the ConsultantDeck Rating in deciding whether to contact or hire any given Consultant. Ratings, reviews or other information about a Consultant or the Services, does not guarantee a particular outcome or that the Services will be suitable for your needs.
5. User Content and License
Our Services display both ConsultantDeck-created content and User content that is not created or developed by ConsultantDeck. We may review third party-content and User Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not routinely screen third-party content or User Content that is published via our Services. This includes the User Content that Consultants post on ConsultantDeck, and we cannot guarantee the accuracy, adequacy or quality of any such User Content, or the qualifications of those posting it.
6. Restrictions on User Content We reserve the right to cancel a User Account at any time for any reason in our sole discretion. User Accounts may be cancelled for several reasons, including but not limited to:
a. Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable User Content or content that violates our Guidelines;
b. Any sexually explicit User Content
c. Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
d. Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes”;
e. Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;
f. Uploading a virus or User Content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server;
g. If We in Our judgment and sole discretion deem it appropriate.
7. Prohibited Activities. Unless you have our express written consent, you shall not, and will not attempt to:
a. Use the Services to submit, store, transmit, or process malicious code, worms or viruses;
b. Use the Services to submit, store, transmit, or process User Content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person's rights, any applicable laws, or your obligations to any third party;
c. Use the Services to submit, store, transmit or process User Content that would give rise to criminal or civil liability or that encourages unlawful activity;
d. Gain unauthorized access to the Services, or to our systems or networks;
e. Interfere with or disrupt the integrity or performance of the Services, or third-party content contained therein;
f. Impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with the Services;
g. Reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services;
h. Unless otherwise provided, remove any copyright, trademark, or other proprietary rights notice from the Services.
8. Removal of User Content and Requests. We take the rights of others very seriously. If you have any concerns that User Content is improper or infringing, please contact us at admin@ConsultantDeck.om and if you would like the User Content removed, please provide us with:
a. A detailed description of the objectionable content, including where it is located;
b. A statement that You have a good faith belief that the poster does not have permission to use the said objectionable content;
c. A statement that You are the owner, or exclusive agent of the owner, of the objectionable content;
d. contact information, including telephone number and physical address, and;
e. A signed and sworn statement, under penalty of perjury, that Your statements above are true to Your knowledge.
9. Removal or Suspension of Account
Without limiting or waiving any of our other rights under these Terms, we may limit, suspend, terminate, modify, or delete your Account or access to the Services if you are, or we suspect that you are, failing to comply with any of these Terms for any actual or suspected illegal or improper use of the Services, with or without notice to you. Additionally, we may limit, suspend, terminate, modify, or delete your Account or access to the Services if we believe that you are infringing our intellectual property rights or third parties’, or are acting inconsistently with the letter or spirit of our Terms or any published policies. Data will be removed from all applicable devices when your Account is terminated, but only as technically feasible.
At any time, you may, cancel, remove or change your User Content by editing or specifically deleting it. However, in certain instances, some of your removed or edited User Content may not be completely removed, and copies of your User Content may continue to exist on the system or Site’s server, and other locations belonging to us. Copies, or meta copies, of User Content and information is solely used for purposes associated with the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content at any time.
10. Intellectual Property
Using the Services or Products does not give you ownership of any intellectual property rights in the Services and/or Products, or the Content You access. You shall not use Content from our Services and/or Products unless you obtain explicit written permission from us or the rightful owner or are otherwise permitted by law. These terms do not grant you the right to use any branding, trademarks, trade dress or logos used in the Services and/or Products without our written permission. You shall not remove, obscure, or alter any legal notices displayed in or along with the Services and/or Products. All Content, software and material provided through the Services is the intellectual property of ConsultantDeck and/or its licensors, unless we have acknowledged otherwise in writing, and we hold all rights, titles, and interests in the Services and any works associated with the Services, including without limitation, all logos, source code, images, videos, photos, trademarks, trade dress, informational material provided through the Services, resources, customer lists, User lists, vendor lists, marketing material, articles, domain names, user database, business methods, updates, copyright (“Intellectual Property”) that we provide you for the benefit of using the Services. Nothing in this Agreement or through your use of the Services shall be construed to be a transfer or grant of title, interest or right to Our Intellectual Property, unless agreed upon otherwise.
11. Third Party Affiliates and Content
12. No formation of a Consultant-client contractual relationship
THE CONTENT FOUND ON CONSULTANTDECK IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD BE USED ONLY AS A STARTING POINT FOR ADDRESSING YOUR BUSINESS ISSUES. THE CONTENT IS NOT THE PROVISION OF SERVICES, AND ACCESSING SUCH INFORMATION, OR CORRESPONDING WITH OR ASKING QUESTIONS TO A CONSULTANT VIA THE SERVICES, OR OTHERWISE USING THE SERVICES, DOES NOT CREATE A CONSULTANT-CLIENT CONTRACTUAL RELATIONSHIP BETWEEN YOU AND CONSULTANTDECK, OR YOU AND ANY CONSULTANT. IT IS NOT A SUBSTITUTE FOR AN IN-PERSON OR TELEPHONIC CONSULTATION WITH A CONSULTANT (LICENSED, CERTIFIED, OR OTHERWISE) ABOUT YOUR SPECIFIC ISSUE, AND YOU SHOULD NOT RELY ON SUCH INFORMATION. YOU UNDERSTAND THAT QUESTIONS AND ANSWERS OR OTHER POSTINGS TO THE SERVICES ARE NOT CONFIDENTIAL.
13. Services for Companies
ConsultantDeck is a platform where Consultants unaffiliated with ConsultantDeck (and Cadence Development LLC) can offer information and interact with consumers. We provide a means to have a direct, confidential discussion of your business issues with a Consultant. Although some of these methods involve ConsultantDeck processing a transaction on your behalf, in all instances, ConsultantDeck is simply the intermediary in such transactions. You are liable for paying the Consultant for the services provided, if applicable. ConsultantDeck has no liability, either primarily or secondarily, for paying the Consultant other than as an agent on your behalf. Any fees that you pay for such services are charged by the Consultant and passed through to the Consultant once services have been rendered. Any relationship formed as a result of such discussions is between you and the Consultant you speak with—not between you and ConsultantDeck. Furthermore, you understand that ConsultantDeck cannot be held responsible for the quality or accuracy of any information or services provided by Consultants you connect with via ConsultantDeck.
14. Advertising and Communications
It is solely the responsibility of Consultants and consulting firms to ensure that any information or advertisements they post or place on the ConsultantDeck website (including without limitation any Content), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with ConsultantDeck's Designated Copyright Agent:
ConsultantDeck Copyright Agent
c/o Immix Law, Jerry Carleton
1448 NW Market St, Seattle WA, 98107
Phone (206) 492-7531, Fax (503) 802-5351
16. Software License
Some of our Services may allow you to download client software ("Software") which may update automatically; you agree that these Terms will apply to such upgrades. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
While ConsultantDeck strives to provide, and to allow Consultants to provide, useful information regarding Consultants, there are some things that we cannot guarantee. You acknowledge that such information consists of third-party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. CONSULTANTDECK DOES NOT SCREEN SUCH INFORMATION OR USER CONTENT FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, CONSULTANTDECK AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS." CONSULTANTDECK ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICES’ AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY DIGITAL CURRENCY OR WALLET CREATED ON OR USED IN CONJUNCTION WITH THE SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION OR ONLINE WALLETS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CONSULTANTDECK OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, BUSINESS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CONSULTANTDECK, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
You agree to defend, indemnify and hold harmless ConsultantDeck, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
ConsultantDeck may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
21. Mandatory Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to admin@ConsultantDeck.com. However, if ConsultantDeck is not able to informally resolve your complaint, you and ConsultantDeck agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and ConsultantDeck:
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email to: admin@ConsultantDeck.com.
Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, ConsultantDeck’s principal place of business in Clark County, WA.
The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.
Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
a. Small Claims Court. If the claim qualifies, either you or ConsultantDeck may bring an action in small claims court in Clark County, WA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.
c. Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in Clark County, WA, and you and ConsultantDeck consent to personal jurisdiction and exclusive venue in such courts.
d. Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so, neither you nor ConsultantDeck can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: admin@ConsultantDeck.com.
e. NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
22. Applicable law
The laws of the State of Washington, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services, and both Parties shall agree to bring any action or claim in the federal or state courts in Clark County, WA.
Notwithstanding any of these Terms, ConsultantDeck reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. ConsultantDeck reserves the right to refuse service to anyone for any reason at any time.
24. Entire Agreement
25. Waiver, Severability, and Assignment
ConsultantDeck's failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. ConsultantDeck may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
20. Questions and contact information
If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should contact admin@ConsultantDeck.com.