Terms of Use
Last updated: June 19, 2019
The following Terms of Use ("Terms", "Terms of Use", "Terms and Conditions") are a legal agreement between you, your employees, agents, contractors and any other entity on whose behalf you accept these Terms (collectively “you” or “your”), and Buckley Consulting LLC ("us", "we", or "our"). Buckley Consulting LLC -provided website and all its components (the "Service", "Sites"), may contain a variety of resources including, but not limited to, documentation and other Buckley Consulting LLC provided product information (collectively the “Documentation”), download areas, communication forums, and other Services. Your use of any Documentation or Services acknowledges that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations.
By accessing, browsing, or using any Buckley Consulting LLC -provided website and all its components (the "Service", "Sites"), You acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations.
Cookies
Buckley Consulting LLC uses cookies, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer. By using our Sites, you consent to the use of cookies in accordance with our Privacy Statement.
Intellectual Property
Unless otherwise stated, Buckley Consulting LLC and/or its suppliers own the intellectual property rights for all material on our Sites. All intellectual property rights are reserved. No logo, graphic, or image from our Sites may be copied or retransmitted unless expressly permitted by Buckley Consulting LLC. You may view and/or print pages from our Sites for your own personal use subject to restrictions set in these terms and conditions. Use for any other purpose is expressly prohibited.
You must not: Republish material from our Sites;
Sell, rent or sub-license material our Sites;
Reproduce, duplicate or copy material from our Sites;
Redistribute content from Buckley Consulting LLC
(unless content is specifically made for redistribution).
Accounts
You agree that any registration information you give to Buckley Consulting LLC will always be accurate, correct and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access any portion of our Sites. Accordingly, you agree that you will be solely responsible to Buckley Consulting LLC for all activities that occur under your account. You agree to notify Buckley Consulting LLC immediately of any unauthorized use of your account or any other breach of security. You may be allowed to choose an alias and a representative image during the registration process. You may not use an alias or image that is in use by someone else, impersonates another person, violates the intellectual property rights of any third party, is deemed vulgar or otherwise offensive or inappropriate by Buckley Consulting LLC in its sole discretion. The information you provide to Buckley Consulting LLC during the registration process will be governed by the terms of Buckley Consulting LLCs’ current Privacy Statement.
Certain parts of our Sites offer the opportunity for users to post and exchange opinions, information, material, data, articles, and feedback or suggestions as well as allowing you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are entirely responsible for all Content that you upload, post or otherwise transmit via our Sites. Buckley Consulting LLC does not screen, edit, publish or review Content prior to their appearance on our Sites and Content does not reflect the views or opinions of Buckley Consulting LLC, its agents or affiliates. To the extent permitted by applicable laws Buckley Consulting LLC shall not be responsible or liable for the Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Content on our Sites.
You agree not to upload, post or otherwise transmit via our sites Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Buckley Consulting LLC in its sole discretion or to other users of our Sites; (b) includes unauthorized disclosure of personal information or other confidential information; (c) violates or infringes any third party intellectual property rights; or (d) contains software viruses or any other computer code, Iles or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree that you will not use our Sites to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Buckley Consulting LLC or someone else, or spoof Buckley Consulting LLCs’ or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through our Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use our Sites; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
User Content
You retain copyright you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give Buckley Consulting LLC and its affiliated companies, sublicensees (including third parties whose products, technologies and services use or interface with any specific parts of Buckley Consulting LLC Sites or Services that includes the Content) and other Users of the Website, a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, our Sites. You will not provide any Content that is subject to a license that requires Buckley Consulting LLC to license its services or documentation to third parties because we include your Content in them.
Buckley Consulting LLC is under no obligation to post or use any Content you may provide, and Buckley Consulting LLC reserves the right to monitor all Content and to edit or remove any Content which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms or that contains third-party commercial advertisements. By posting Content you warrant and represent that:
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You are entitled to post on our Sites and have all necessary licenses and consents to do so;
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The Content do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
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The Content do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
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The Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Links to External Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Buckley Consulting LLC. Buckley Consulting LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services or any link contained in a linked site, or any changes or updates to such sites. You further acknowledge and agree that Buckley Consulting LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. You agree to indemnify and defend us against all claims arising out of or based upon your web sites or services. No link(s) may appear on any page on your web sites or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
If you find any link on our Sites or any linked web site objectionable for any reason, please contact us at support@buckleyconsultingllc.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL on our site to which you object. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we strive to ensure that the information on our Sites is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring web sites remain available or that the material is up to date.
Hyperlinking to our Sites
Approved organizations may link to our Sites, publications or to other Site information as follows so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site:
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By use of our company name; or
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By use of the uniform resource locator (Web address) being linked to; or
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By use of any other description of our Sites or material being linked to that makes sense within the context and format of content on the linking party's site.
Approved organizations may not create frames around our Sites pages or use other techniques that alter in any way the visual presentation or appearance of our Sites without prior approval and express written permission. No use of Buckley Consulting LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Sites. You agree to immediately remove all links to our Sites upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Sites, you agree to be bound to and abide by these linking Terms.
If you are interested in linking to our Sites, please contact us at support@buckleyconsultingllc.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Sites, and a list of the URL(s) on our Sites to which you would like to link. We will consider requests to link to our Sites but will have no obligation to do so or to respond directly to you. Whilst we strive to ensure that the information on our Sites is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring our Sites remain available or that the material is up to date.
We will approve link requests from organizations, except soliciting non-profit organizations and charity fundraising groups which may not hyperlink to our Sites, if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Buckley Consulting LLC; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
Disclaimer
Buckley Consulting LLC is committed to keeping our Sites up to date and accurate however, we are not responsible for any errors or omissions. The information contained on our Sites is intended for informational purposes only. It is not intended to be a substitute of either the written law or regulations. The authors of our Sites are not legal or financial advisors and therefore the information found on our Sites is not intended to be used in place of professional legal and/or financial advice. Should you nonetheless encounter anything that is incorrect or out of date, please contact us at support@buckleyconsultingllc.com.
You acknowledge you are using our Sites voluntarily and that any choices, actions and results now and in the future are solely your responsibility. Buckley Consulting LLC will not be liable to you or any other party for any decision made or action taken in reliance on the information given by our Service. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Sites and the use of these Sites (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for a particular purpose, noninfringement of proprietary and intellectual property rights and/or the use of reasonable care and skill). For any loss suffered as a result of the use of data, advice or ideas provided by or on behalf of Buckley Consulting LLC via our Sites, Buckley Consulting LLC accepts no liability.
We are not liable for loss as a result of inaccuracies or incompleteness, nor for loss resulting from problems caused by or inherent to the dissemination of information through the internet. Without limitation, Buckley Consulting LLC makes no warranty or guarantee that our Sites or any content will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain content, materials, information, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
Some links on our Sites connect to external websites which are maintained by third parties. Buckley Consulting LLC is not responsible for any of the information provided by a third-party website. You are subject to the terms and conditions, disclaimer, and privacy policy of the third-party websites when you leave our Sites.
All intellectual property rights to content on our Sites are vested in Buckley Consulting LLC or in third parties who have placed the content themselves or from whom Buckley Consulting LLC has obtained authorization. Copying, disseminating and any other use of these materials is not permitted without the written permission of Buckley Consulting LLC, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote), unless specific content dictates otherwise.
Limitation of Liability
In no event will Buckley Consulting LLC be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or consequential damages of any type whatsoever related to or arising from our Sites or any use of our Sites, or of any site or resource linked to, referenced, or accessed through our Sites, or for the use or downloading of, or access to, any materials, information, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Buckley Consulting LLC is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
Additional or different terms, conditions, and notices may apply to specific materials, information, and services offered Buckley Consulting LLC. In the event of any conflict, such additional or different terms, conditions, and notices prevail over these Terms of Use. Please see the applicable agreement or notice.
General
The Terms constitute the whole legal agreement between you and Buckley Consulting LLC and govern your use of our Sites (but excluding any services which Buckley Consulting LLC may provide to you under a separate written agreement), and completely replace any prior agreements between you and Buckley Consulting LLC in relation to our Sites. You agree that Buckley Consulting LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on our Sites. You agree that if Buckley Consulting LLC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Buckley Consulting LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of Buckley Consulting LLCs’ rights and that those rights or remedies will still be available to Buckley Consulting LLC.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that all Buckley Consulting LLC affiliates shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
Buckley Consulting LLC reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.
Acceptable Use Policy
By using Buckley Consulting LLC’s Services, you consent to comply with this Acceptable Use Policy (the “AUP”). Buckley Consulting LLC reserves the right, in its discretion, to change or modify all of any part of this AUP at any time, effective upon publication of a revised AUP. It is your responsibility to check this website from time to time for updates. By continuing to access and use our Services you acknowledge and agree to the updated version of the AUP. In the event that you or your users are in breach of this AUP, Buckley Consulting LLC may immediately and without notice suspend the provision of our Services.
You agree that neither you nor those that access our Services through you may use our Services:
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in a way prohibited by law, regulation, governmental order or decree;
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to violate the rights of others;
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to try to gain unauthorized access to or disrupt any service, data, account, system or network by any means;
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to falsify any protocol or email header information (e.g., “spoofing”);
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to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
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to send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive or tortious material, including material harmful to children or violative of third-party privacy rights;
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to send, activate or store material containing software viruses, worms, Trojan horses or other harmful computer code, Iles, scripts, agents or programs or plant malware of any type on Buckley Consulting LLC’s systems
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in a way that could harm our Services or impair anyone else’s use of them;
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for load testing or for any benchmarking purposes, or for any competitive purposes;
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in violation of any applicable export law or regulation including any United States export laws and regulations or from a United States embargoed country; or
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to probe, scan, or test (including without limitation stress testing or penetration testing) the vulnerability of any system or network associated with our Services or intentionally breach or attempt to breach any security or authentication measures; or
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for any high-risk use (where failure or fault of our Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage).
Termination
Buckley Consulting LLC may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and/or Acceptable Use Policy. All provisions of the Terms and/or Acceptable Use Policy which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes
Buckley Consulting LLC reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide reasonable notice prior to any new Terms taking effect, however we are not obliged to, and such modifications shall be effective upon our posting of the new Terms of Use. What constitutes a material change and reasonable notice will be determined at our sole discretion. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You agree to be bound by any changes to these Terms when using our Services after any such modification is posted.
Contact Us
If you have any questions about these Terms, please contact us at support@buckleyconsultingllc.com.