Terms of Service
These Terms of Service (“Terms”) apply when you use a website, mobile application, or other online service that links or refers to the Terms (collectively, the “Services”). These Terms are a legal contract between you and Anybody Consulting, LLC. (“Anybody Consulting,” “the Company,” “we,” or “us”) so it is important to review them carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms. If you do not agree to the Terms, do not access or use the Services.
We may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms” link on the bottom of the Services’ homepage. If you continue to use the Services after changes are posted, you will be deemed to have accepted the changes.
You may be asked to provide certain registration details or other information to access all or portions of the Services. You agree the information you provide is correct, current, and complete. Anybody Consulting reserves the right to refuse you access to the Services and to suspend or terminate your access at any time, including if Anybody Consulting believes the registration information you provided is not correct, current, or complete.
2. Compliance with Applicable Laws
As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these Terms.
4. Advertising Services
If you advertise any professional services with Anybody Consulting through the Services, you represent you are doing so in compliance with all applicable laws, rules, regulations, requirements, and ordinances of all governmental authorities regarding the execution of those services and sale, use, export, and import of related products.
5. Requirements to Use the Services
By using the Service, you acknowledge:
- That you have the right, authority, and capacity to enter into this Agreement on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your participation in Anybody Consulting violates provisions of the law to which you are subject, you will cease using the Services and close your account
- That you are at least 18 years old, and that if you are less than 18 years old, your parent or legal guardian has agreed to stand behind any agreement you enter into as a participant on Anybody Consulting
- That you shall not use a false name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason
- That you shall not use a User name or Business name that is subject to any rights of a person other than yourself without appropriate authorization
- That you shall be solely responsible for maintaining the confidentiality of your password
- That you will update your registration information with the Company as needed so that it remains true, correct and complete, and
- That this Agreement does not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Services (collectively, “Updates”). The Company, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to this Agreement.
- That you will conduct yourself in a professional manner in all your interactions with Anybody Consulting and with any other Anybody Consulting user.
Additionally, you acknowledge that you will not:
- Expect Anybody Consulting to evaluate, confirm or otherwise stand behind any user’s statements
- Treat any Content, email or other information you receive as a result of your access to the Services as a recommendation or representation of any kind by Anybody Consulting, an affiliate of Anybody Consulting or any employee, officer, director, representative or other agent of the foregoing (each a “Company Person”) on which you should rely unless such information has been expressly identified as created by a Company Person
- Claim any ownership right in any material, software or other intellectual property displayed on, published by or otherwise available through Anybody Consulting, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on Anybody Consulting
- Copy or distribute Content except as specifically allowed in this Agreement
- Claim any right to access, view or alter any source code or object code of Anybody Consulting, or
- Market services competing with Anybody Consulting
6. Submission of Content
You own the content and information that you submit or post to the Services and you are only granting Anybody Consulting and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.
Anybody Consulting forbids certain submissions, including but not limited to submissions that contain material that:
- You do not have the right to post
- Promotes unlawful activity
- Is vulgar, obscene, pornographic, or indecent
- Does not pertain directly to the Services
- Is offensive, racist, or threatening to others
- Advertises any commercial endeavor or otherwise engages in commercial activity, except as specifically authorized on the Services
- Solicits funds, advertisers, or sponsors
- Is false, deceptive, or misleading
- Contains viruses, worms, Trojan Horses, or other computer code files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications.
- Links to sites that contain prohibited content, or
- Otherwise violates the Terms
We reserve the right to remove or refuse any Submissions. You remain solely liable for your Submissions, and acknowledge and agree that neither Anybody Consulting nor any third party that provides any of the Services to Anybody Consulting will assume or have any liability for any Submission.
The Services (including, but not limited to text, photographs, graphics, video, audio content, and computer code found on the Services are protected by copyright law in the United States and other countries. Anybody Consulting retains all right, title, and interest in and to the Services. Except for content that you have posted on the Services, or unless expressly authorized by Anybody Consulting in writing, you are prohibited from publishing, reproducing, distributing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services or content found on the Services, except that you may print or download portions of the Services for your personal, noncommercial use or for the lawful and appropriate advancement of your business dealings with Anybody Consulting. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, or other proprietary notice appearing in any of the Services. No right, title, license, or other interest in any of the Services is passed to you by your access to the site, and Anybody Consulting retains all right, title, and interest in all materials printed or downloaded from the Services. Requests for permission to use content other than as described above should be made to [firstname.lastname@example.org]. Please be advised that Anybody Consulting enforces its intellectual property rights to the fullest extent of the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
8. Prohibited Conduct
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Make use of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including intellectual property rights;
- Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use of or access to the Services;
- Take any action that violates or threatens to violate our system or network security, including any action that imposes an unreasonable or disproportionate large load on our network or infrastructure;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
- Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information;
- Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;
- Submit content that is prohibited by or otherwise not in compliance with these Terms, or that you do not have the right to post or
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service. Violations of these Terms may result in civil or criminal liability.
Anybody Consulting reserves the right to monitor your use of the Services to determine compliance with these Terms. We may investigate violations of the Terms and may work with law enforcement to prosecute users or others who violate these Terms. We may also share information with system administrators at other systems in order to assist them in resolving or preventing potentially related security incidents. We reserve the right to terminate your access to the Services if you are suspected of violating the Terms.
Any passwords for the Services are for individual use only. You are responsible for the security of your password(s), if any. Anybody Consulting is entitled to monitor your password and to require you to change it, including if Anybody Consulting considers the password insecure.
In cases where Anybody Consulting relies on third parties for authentication the Company makes no guarantees when using these methods.
10. Links to Third-Party Websites
The Services link to other websites controlled by third parties (“Linked Sites”). These Terms do not apply to the Linked Sites. Anybody Consulting provides such links only as a convenience to users. Anybody Consulting does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites, nor does it make any recommendations about the content, completeness, safety or accuracy of any Linked Sites. All users access Linked Sites at their own risk.
11. Comments, Feedback, Suggestions, Ideas, And Other Submissions
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION OR MATERIALS AVAILABLE THROUGH THE SERVICES. ANYBODY CONSULTING DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS MADE AVAILABLE THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANYBODY CONSULTING DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY ANYBODY CONSULTING, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ANYBODY CONSULTING OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
ANYBODY CONSULTING MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE, AND ANYBODY CONSULTING DISCLAIMS ALL RESPONSIBILITY FOR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
13. Limitation of Liability
IN NO EVENT WILL ANYBODY CONSULTING OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANYBODY CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ANYBODY CONSULTING’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless Anybody Consulting and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors (“Indemnified Parties”), from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms, or the failure to fulfill any obligations relating to your use of the Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from and against any and all claims, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees (the “Claims”). You also agree to indemnify the Indemnified Parties and hold them harmless from and against any and all Claims arising out of your use of any information or other contents accessed from the Services or any Submission that you make or cause to be made, to the Services.
We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
15. Arbitration of Claims
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Anybody Consulting will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Any arbitration necessary under this section will be held through confidential binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association in the District of Columbia. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Anybody Consulting may seek any interim or preliminary relief from a court of competent jurisdiction in the District of Columbia necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed.
16. Governing Law
This Agreement shall be governed by the laws of the United States and the State of New York. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions. The parties to these Terms agree that the exclusive venue for any dispute between the parties relating to the Services will be in the state and federal courts in the Southern District of New York, and you specifically consent to personal jurisdiction in New York.
17. Other Jurisdictions
The Services are intended to comply with applicable laws and regulations in the United States, and those portions of the Services pertaining to Anybody Consulting products is intended only for use by United States residents. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States.
Anybody Consulting may terminate these Terms for any reason at any time. Anybody Consulting reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
Supplemental Terms. In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
No Waiver. The failure of Anybody Consulting to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Anybody Consulting as a result of these Terms or your access to and use of the Services.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and Anybody Consulting and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.