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| Legal
Notice-Agreement of Site Use |
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The following are terms of
a legal agreement ("Agreement") between you and MIT Consulting
Group, LLC (formerly affliated with MIT Consulting Group International, LP). By accessing, browsing, surfing, viewing and using
this web site ("Site") you acknowledge that you have read,
understood and agree to be bound by these terms and to comply
with all applicable laws and regulations. If you do not agree
to these terms, do not use this Site. Read this Agreement
carefully and be aware that MIT Consulting Group, LLC may amend
this Agreement at any time without notice by posting the amended
terms on this Site. Amendments shall become effective immediately
upon posting.
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| Third
Party Links |
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| This Site
may contain links to third party web sites. MIT Consulting Group, LLC
makes no representations whatsoever about any other web site
which you may access through this Site. When you access a third
party web site, understand that it is independent from MIT Consulting
Group and that MIT Consulting Group, LLC has no control over the
content on that web site even if MIT Consulting Group, LLC provides
information or services to the owner of that web site. In addition,
a link to a third party web site does not mean that MIT Consulting
Group, LLC endorses the content of such web site or accepts responsibility
for your use of such web site. If a link has been provided from
this Site to a third party site, and the third party site wishes
for the link to be removed, the site may contact MIT Consulting
Group's at webmaster@mitcg.com. However, if the third party
does not request the links removal from this Site then the third
party endorses the link. |
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| Inbound
Links |
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| This Site
may have inbound links from third party web sites. MIT Consulting
Group, LLC makes no representations whatsoever about any web site
which may have provided you a link to this Site. A link to this
Site does not mean that MIT Consulting Group,LLC endorses the content
of such web site or accepts responsibility for your use of such
web site. |
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| Personally
Identifiable Infomation |
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| MIT Consulting
Group uses your personally identifiable information to fulfill
your requests for information and for other business purposes
as you may solicit. MIT Consulting Group aggregates this personally
identifiable information and may disclose such information to
third parties for marketing and promotional purposes. Unless
you consent to such disclosure, MIT Consulting Group shall not
intentionally disclose or communicate to any third party your
personally identifiable information except if required to do
so by law or in the good faith belief that such action is necessary
to comply with law or to protect and defend MIT Consulting Group's
rights or property. |
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| How
MIT Consulting Group Uses and Shares Information |
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| MIT Consulting
Group takes user privacy very seriously because MIT Consulting
Group knows that your privacy on the web is very important to
you. You can visit this Site without telling MIT Consulting
Group who you are or providing MIT Consulting Group with any
information. However, when you request information from MIT
Consulting Group and supply information that personally identifies
you or allows MIT Consulting Group to contact you, you are agreeing
to share that information with MIT Consulting Group, its agents,
representatives, attorneys and affiliates. The personally identifiable
information that is collected by MIT Consulting Group includes,
but is not limited to, your name, mailing address, e-mail address,
telephone and fax numbers and may also include the status of
cookies placed on your computer. |
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| Copyright
and Use of Site Content |
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| The copyright
in all materials provided on this Site is owned by MIT Consulting
Group, LLC (formerly affliated with MIT Consulting Group International, LP). Except as stated herein, this site and the content provided
in this site, including, but not limited to, graphic images,
audio, video, html code, buttons, and text, may not be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, without the prior written consent of MIT Consulting
Group, LLC, except that you may download, display, and print one
copy of the materials on any single computer solely for your
personal, non-commercial use, provided that you do not modify
the material in any way and you keep intact all copyright, trademark,
and other proprietary notices. This permission terminates immediately
if you breach this Agreement. You may not "mirror" or duplicate
any material contained on this Site without MIT Consulting Group, LLC
prior written consent. Any unauthorized use of the materials
contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity and/or communications
regulations and statutes. All content and functionality on this
Site, including, but not limited to, text, graphics, logos,
icons, and images and the selection and arrangement thereof,
is the exclusive property of MIT Consulting Group, LLC or its licensors
and is protected by U.S. and international copyright laws. All
rights not expressly granted are reserved. |
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| Visitors
Postings and Submissions |
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| You acknowledge
and agree that MIT Consulting Group, LLC owns and has the unrestricted
right to use, publish, in electronic form and otherwise, distribute
and exploit any and all information that you post or otherwise
publish on this Site or send to MIT Consulting Group. You hereby
waive any claim against MIT Consulting Group for any alleged
or actual infringements of any rights of privacy or publicity,
moral rights, or rights of attribution in connection with MIT
Consulting Group's use and publication of such submissions.
By submitting any creative ideas, concepts, know-how, techniques,
suggestions or materials (collectively, "Submissions"), you
automatically grant to MIT Consulting Group a perpetual, royalty-free,
non-exclusive, unrestricted, worldwide and irrevocable right
and license to use, reproduce, modify, publish, translate, prepare
derivative works based upon, distribute, perform or display
such Submissions, in whole or in part, in any form, media or
technology known or hereafter developed for any purpose, including,
but not limited to, advertising and promotional purposes. This
means that anything submitted by you to MIT Consulting Group
shall be owned by MIT Consulting Group and may be used by MIT
Consulting Group for any purpose, now or in the future, without
any payment to or further authorization by you. You covenant
that you shall not post or otherwise publish on this Site any
materials that: (i) are threatening, libelous, defamatory, or
obscene; (ii) would constitute or that encourage conduct that
would constitute a criminal offense, give rise to civil liability
or otherwise violate law; (iii) infringe the intellectual property,
privacy or other rights of any third parties; (iv) contain a
computer virus or other destructive element; (v) contain advertising;
or (vi) constitute or contain false or misleading statements.
MIT Consulting Group reserves the right to refuse to post and
the right to remove any Submissions or other information, in
whole or in part, for any reason. |
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| Reliance
of Information |
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| Information
on this Site should not be relied upon for making business,
investment or other decisions or used as a substitute for consultation
with professional advisors. Please be advised that as the former managing partner of MIT Consulting Group International, LP some of the information posted on this website may have been affiliated with the former partnership. Therefore, MIT Consulting Group, LLC does
not represent or endorse the accuracy or reliability of such
information that is posted, displayed, uploaded, downloaded
or distributed through this Site by MIT Consulting Group, LLC, any
user, information provider or any other person or entity. You
acknowledge that any reliance upon such information shall be
at your sole option and risk. |
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| Site
Access and Errors |
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| There may
be delays, omissions or inaccuracies in information obtained
by you through your use of this Site. MIT Consulting Group may
alter, suspend or discontinue this Site or your access to use
this Site at any time for any reason without notice or liability.
This Site may become unavailable due to maintenance or malfunction
of computer equipment or for other reasons and may result in
damages to your computer system, software, data or operations.
You shall be solely responsible for ensuring that any information
or content obtained from this Site does not contain any virus
or other computer software code or subroutine designed to disable,
erase, impair or otherwise damage your computer system, software
or data. |
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| DISCLAIMER
OF WARRANTIES |
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| THIS SITE
AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, MIT CONSULTING GROUP DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, REGARDING ITS CONTENT PROVIDED ON THIS SITE
HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITIY,
ACCURACY, COMPLETENESS, CONDITION, PERFORMANCE, OR FITNESS FOR
A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFOMANCE, INCLUDING ANY WARRANTY REGARDING
ANY BENEFIT THAT MIGHT BE OBTAINED FROM THE SERVICES PROVIDED
HEREUNDER. FURTHERMORE, MIT CONSULTING GROUP, LLC DOES NOT WARRANT
THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE
OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL
BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO
YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY
ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IF YOU
ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR." |
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| LIMITATION
OF LIABILITY |
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| UNDER
NO CIRCUMSTANCES SHALL MIT CONSULTING GROUP, LLC OR ANY OF ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS
AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES,
INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED
ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING
FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, EVEN
IF MIT CONSULTING GROUP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL MIT CONSULTING GROUP, LLC AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS,
EMPLOYEES, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO
YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. |
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| Indemnification |
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| You hereby
indemnify, defend, and hold harmless MIT Consulting Group, LLC and
its subsidiaries, affiliates, officers, directors, investors,
employees, representatives, and attorneys (collectively, the
"Indemnified Parties") from and against any and all liability,
damages and costs, including, without limitation, reasonable
attorneys' fees, incurred by the Indemnified Parties in connection
with any claim arising out of or relating to any breach by you
of this Agreement or the representations, warranties, and covenants
you have made by agreeing to the terms of this Agreement. You
shall cooperate as fully as required in the defense of any such
claim. MIT Consulting Group, LLC reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject
to indemnification by you. |
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| Enforcement
and Governing Law |
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| This Agreement
is governed and interpreted pursuant to the laws of the State
of Texas, United States of America, notwithstanding any principles
of conflicts of law. Any claims or disputes arising out of,
or relating to MIT Consulting Group, LLC Site, shall be subject
to and decided by arbitration in accordance with the Commercial
Rules of the American Arbitration Association currently in effect.
The arbitration shall be held in the United States, in Houston,
Texas, before a panel of three arbitrators. Each party shall
bear its own expense of arbitration. The arbitrators may award
pre-award interest but shall not award consequential or punitive
damages. The award rendered by the arbitrators shall be final,
and judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof. |
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| Notices
of Infringement |
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| MIT Consulting
Group, LLC prohibits the posting of any information that infringes
or violates the copyright rights and other intellectual property
rights (including rights of privacy and publicity) of any third
party. If you believe that any material contained on this Site
infringes your copyright or other intellectual property rights,
you must notify MIT Consulting Group, LLC of your infringement claim
in accordance with the following procedure. MIT Consulting Group, LLC
shall process notices of alleged infringement which it receives
and shall take appropriate action as required by the Digital
Millennium Copyright Act ("DMCA"). The DMCA requires that notifications
of claimed infringement should be sent to this Site's Designated
Agent who is: |
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MIT Consulting
Group, LLC
111 Congress Avenue, Suite 400
Austin, TX 78701
phone: (512) 637-0845
fax: (512) 637-0846
To be effective, the notification must be in writing and contain
the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative
list of such works at that site;
3. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate
the material;
4. Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which
the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
United States law provides significant penalties against those
who submit false statements. |
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| Entire
Agreement |
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| This Agreement
constitutes the entire agreement between you and MIT Consulting
Group, LLC with respect to the subject matter of this Agreement and
supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding that subject matter.
Any waiver of any provision of this Agreement shall be effective
only if in writing and signed by MIT Consulting Group, LLC. |
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