Terms And Conditions of Use
Gere Consulting Associates LLC owns and operates the following website: https://gereconsulting.com, referred as “our website.”
By visiting, using and/or submitting information to our website, you agree to be bound by the terms and conditions of this Agreement of Terms of Use (the “Agreement”) and our Privacy Policy. This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Your Compliance with this Agreement
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Gere Consulting LLC or its designated agents may monitor your access and use of our Website. All users of our Website must: (a) be eighteen (18) years of age or older; (b) provide true, accurate and current information; and (c) maintain and update this information and ensure that it remains true, accurate and current. By registering at our website, users consent to receiving personalized emails.
GERE CONSULTING ASSOCIATES LLC reserves the right to terminate any user and/or client access to our website and/or cease doing business with any person or entity or company that a person is representing who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortuous, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any Gere Consulting Associates LLC employee, agent, contractor or customer, on our website, in emails, in telephone conversations or messages, in writing, or in person.
Your Access and Use of the Gere Consulting Website
Your right to access and use our Website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our website for lawful purposes and pursuant to the terms and conditions of this Agreement. You must provide your own access to the World Wide Web (“www”) and pay any fees associated with such access.
Your access and use of our website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our website or other actions that GERE CONSULTING ASSOCIATES LLC, in its sole discretion, may elect to take. GERE CONSULTING ASSOCIATES LLC reserves the right to suspend or discontinue the availability of Our website and/or any portion or feature of our website at any time in its sole discretion and without prior notice.
Any action by you that, in GERE CONSULTING ASSOCIATES LLC’s sole discretion: (i) violates the terms and conditions of this Agreement and/or GERE CONSULTING ASSOCIATES LLC’s Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of GERE CONSULTING ASSOCIATES LLC Website; or (iii) through the use of GERE CONSULTING ASSOCIATES LLC Website, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use GERE CONSULTING ASSOCIATES LLC Website. You shall not metatag, provide links to or frame our website without the prior express written permission and consent of GERE CONSULTING ASSOCIATES LLC.
Transmissions, Submissions and Postings to GERE CONSULTING ASSOCIATES LLC Website
If you transmit, submit or allow us to post information to our website that is not federally trademarked and/or copyrighted, you automatically grant GERE CONSULTING ASSOCIATES LLC and its affiliates the worldwide, fully-paid, royalty-free, non-exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined herein).
Provided that you have obtained prior written permission from GERE CONSULTING ASSOCIATES LLC to transmit, submit or post information to Our website that is Federally trademarked and/or copyrighted, you automatically grant GERE CONSULTING ASSOCIATES LLC and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.
You shall not transmit, submit or post the following to GERE CONSULTING ASSOCIATES LLC Website:
- Information that infringes GERE CONSULTING ASSOCIATES LLC’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to GERE CONSULTING ASSOCIATES LLC or third parties or that infringes on GERE CONSULTING ASSOCIATES LLC’s or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from GERE CONSULTING ASSOCIATES LLC; or
- Federally Trademarked and/or Copyrighted information without written permission from GERE CONSULTING ASSOCIATES LLC and its author.
Although GERE CONSULTING ASSOCIATES LLC does not regularly review your transmissions, submissions or postings, GERE CONSULTING ASSOCIATES LLC reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to GERE CONSULTING ASSOCIATES LLC’s Privacy Policy, GERE CONSULTING ASSOCIATES LLC may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
GERE CONSULTING ASSOCIATES LLC’s Intellectual Property Rights
The name GERE CONSULTING ASSOCIATES LLC, our graphics, logos, page headers, button icons, scripts, and service names are trademarks of GERE CONSULTING ASSOCIATES LLC or its subsidiaries, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of GERE CONSULTING ASSOCIATES LLC, which permission may be withheld in GERE CONSULTING ASSOCIATES LLC’s sole discretion. GERE CONSULTING ASSOCIATES LLC makes no proprietary claim to any third-party names, trademarks or service marks appearing on GERE CONSULTING ASSOCIATES LLC Website. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, Our website (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, GERE CONSULTING ASSOCIATES LLC or its Content suppliers. GERE CONSULTING ASSOCIATES LLC is the owner of the collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on Our website (the “Software”) is the property of GERE CONSULTING ASSOCIATES LLC or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of GERE CONSULTING ASSOCIATES LLC’s or any third party’s intellectual property rights regarding the trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by GERE CONSULTING ASSOCIATES LLC or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Users of the our website agree to abide by all copyright restrictions placed on the Content of GERE CONSULTING ASSOCIATES LLC Website including, but not limited to, any material or data compilations where GERE CONSULTING ASSOCIATES LLC or others hold the copyright.
Your Use of the Content
GERE CONSULTING ASSOCIATES LLC grants you a limited license to access, print, download or otherwise make personal use the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and/or the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of GERE CONSULTING ASSOCIATES LLC, which permission may be withheld in GERE CONSULTING ASSOCIATES LLC’s sole discretion.
You may not use any metatags or any other “hidden text” utilizing GERE CONSULTING ASSOCIATES LLC’s name or trademarks without the express written permission of GERE CONSULTING ASSOCIATES LLC, which permission may be withheld in GERE CONSULTING ASSOCIATES LLC’s sole discretion.
Access and Interference
You agree that you will not: (i) take any action that imposes, or may impose in GERE CONSULTING ASSOCIATES LLC’s sole discretion an unreasonable or disproportionately large load on GERE CONSULTING ASSOCIATES LLC’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our website without the prior written permission of GERE CONSULTING ASSOCIATES LLC and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our website or any activities conducted on GERE CONSULTING ASSOCIATES LLC Website, or other measures GERE CONSULTING ASSOCIATES LLC may use to prevent or restrict access to GERE CONSULTING ASSOCIATES LLC Website.
Third Party Links
Our website may provide links to other Websites belonging to advertisers, business partners, affiliates and/or other third parties. Such links do not constitute an endorsement by GERE CONSULTING ASSOCIATES LLC of those Web sites, nor the products or services listed on those Web sites. GERE CONSULTING ASSOCIATES LLC is not responsible for the activities or policies of those Web sites. GERE CONSULTING ASSOCIATES LLC does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party.
GERE CONSULTING ASSOCIATES LLC Makes No Representations or Warranties Regarding the Content.
To the fullest extent permitted by law, our website is provided “as is,” without warranty or representation of any kind, either express or implied, as to (1) the operation of the GERE CONSULTING ASSOCIATES LLC Website, (2) the information, data, services or products provided through or in connection with our website or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of the GERE CONSULTING ASSOCIATES LLC Website.
GERE CONSULTING ASSOCIATES LLC disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of GERE CONSULTING ASSOCIATES LLC Website, whether for breach of contract, tortuous behavior, negligence or any other cause of action.
Neither nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, content or service providers shall be liable to any user of the our website or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of Our website or inability to gain access to or use our website or out of any breach of any warranty, even if GERE CONSULTING ASSOCIATES LLC has been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of liability for damages. Therefore, the above limitations may not apply. In such states, the respective liability of GERE CONSULTING ASSOCIATES LLC, its officers, directors, investors, employees, contractors, agents, successors, assigns and affiliates is limited to the greatest extent permitted by such states’ laws.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. GERE CONSULTING ASSOCIATES LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH GERE CONSULTING ASSOCIATES LLC WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR WEBSITE IS AT YOUR SOLE RISK.
GERE CONSULTING ASSOCIATES LLC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH GERE CONSULTING ASSOCIATES LLC WEBSITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH GERE CONSULTING ASSOCIATES LLC WEBSITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH GERE CONSULTING ASSOCIATES LLC WEBSITE. GERE CONSULTING ASSOCIATES LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR WEBSITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on GERE CONSULTING ASSOCIATES LLC’s Liability
GERE CONSULTING ASSOCIATES LLC SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF GERE CONSULTING ASSOCIATES LLC WEBSITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR WEBSITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH GERE CONSULTING ASSOCIATES LLC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF GERE CONSULTING ASSOCIATES LLC WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GERE CONSULTING ASSOCIATES LLC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of GERE CONSULTING ASSOCIATES LLC
You shall defend, indemnify and hold harmless GERE CONSULTING ASSOCIATES LLC and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by GERE CONSULTING ASSOCIATES LLC; (iii) your access or use of GERE CONSULTING ASSOCIATES LLC Website; and/or (iv) access or use of Our website under any password that may be issued to you.
Amendments of this Agreement
GERE CONSULTING ASSOCIATES LLC reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. GERE CONSULTING ASSOCIATES LLC’s last update was February 1, 2008. Your continued access and use of Our website following the posting of any such changes shall automatically be deemed your acceptance of all changes.
GERE CONSULTING ASSOCIATES LLC’s Remedies
You acknowledge that GERE CONSULTING ASSOCIATES LLC may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, GERE CONSULTING ASSOCIATES LLC shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this paragraph, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Cook County, Illinois, or the United States District Court, Northern District of Illinois. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Virginia.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING OUR WEBSITE YOU CONSENT TO THESE RESTRICTIONS.
You and GERE CONSULTING ASSOCIATES LLC shall select the arbitrator, and if you and GERE CONSULTING ASSOCIATES LLC are unable to reach agreement on selection of the arbitrator within sixty (60) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited Five Thousand Dollars ($5,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and GERE CONSULTING ASSOCIATES LLC, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the Northern District of Illinois or Cook County, Illinois.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and GERE CONSULTING ASSOCIATES LLC and your and GERE CONSULTING ASSOCIATES LLC’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or GERE CONSULTING ASSOCIATES LLC be entitled to punitive damages and both you and GERE CONSULTING ASSOCIATES LLC hereby waive your and GERE CONSULTING ASSOCIATES LLC’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by GERE CONSULTING ASSOCIATES LLC from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.