TERMS AND CONDITIONS (“TERMS”)
Last updated: October 30th, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.a1caliber.com website (the “Service”) operated by A1Caliber LLC (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an account, retaining or consulting with A1Caliber LLC you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some of our Services allows you to provide or post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service or A1Caliber.com and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party provides or posts on or through the Service. However, by posting or providing Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service, A1Caliber.com our social and digital platforms and marketing, advertising and promotional collateral. A1Caliber LLC/ A1Caliber.com has the right but not the obligation to monitor and edit all Content provided by users/clients/customers, affiliates and the like. In addition, Content found on or through this Service or on A1Caliber.com are the property of A1Caliber LLC. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Authenticity respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us in writing by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Authenticity to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
To Other Web Sites: Our Service may contain links to third party web sites or services that are not owned or controlled by A1Caliber LLC. A1Caliber LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that A1Caliber 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 third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes, Modifications and Cancellations Policy
A1Caliber LLC reserves the right to modify, cancel or reschedule a Service. You may be reimbursed the fee of that Service to the extent that for use of such Service is materially impacted by such changes or the Service WAS NOT in any part initiated or provided to you. A1Caliber LLC reserves the right to change any of its fees at any time, and changes will be effective immediately to any current and new Services, unless you have previously contracted with A1Caliber LLC for a previous amount of fees. A1Caliber LLC will promptly post notifications of the fee changes in its webpages and other official communications.
All payments are in US dollars. Payment of the fee for an individual service or consultation must be made at the time of booking. Payment can be made via major credit cards.
Payments and/or Deposits of the fee for a Project or Retainer based service must be made before the beginning of the service and the remaining balance but must be paid full or paid incrementally per milestone prior to final drafts, official copies or other materials are released.
There are no refunds for consultative services, project or retainer based deposits.
Refunds may be applicable for plan or package payments in the event a service is modified, cancelled or rescheduled in such a way as to adversely affect your use or benefit of that service. You will not be issued a refund if you have violated any of A1Caliber’s expressed terms and policies.
You agree to defend, indemnify and hold harmless A1Caliber LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability:
In no event shall A1Caliber LLC nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. A1Caliber LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
BOTH PARTIES HEREBY AGREE THAT THE STATE COURTS OF THE STATE OF GEORGIA FOR GWINNETT COUNTY OR THE FEDERAL DISTRICT COURTS FOR GEORGIA SHALL HAVE THE SOLE AND EXCLUSIVE JURISDICTION OVER ANY MATTER OR DISPUTE ARISING OUT OF THE ORDER. These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org or email@example.com