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A.
What these Terms and Conditions Cover:
These Terms and Conditions govern the use and access to information and
services provided through the Site. In these Terms and Conditions, the
words "we", "us", and "our" mean Nkoso Consultancy, LLC.
B.
Accepting these Terms and Conditions:
You understand that by accessing or using the Site, or the information
or services offered or available through the Site, you have agreed to
these Terms and Conditions.
C.
Changes in Terms:
Nkoso Consultancy, LLC may modify these Terms and Conditions at any time. Such modifications
will apply to you and will be effective immediately upon the posting to
the Site. You understand that by using or accessing the Site or the information
therein after a change becomes effective, you have agreed to it. Nkoso Consultancy, LLC
will not provide you with individual notice any change. You should select
the "Terms" link at the bottom of the main web page of
the Site from time to time to review the current Terms and Conditions
because they are binding on you.
D.
Termination:
Nkoso Consultancy, LLC may terminate your access to the Site for any reason, at any time,
with or without notice to you. If you terminate your agreement to these
Terms and Conditions, you may no longer use or access the Site.
E.
Limitations of Liability:
Risks of use. Access to
the Site may be limited or unavailable during periods of peak demand,
system upgrades, maintenance or for other reasons. If access to the Site
is unavailable or delayed at any time, you agree to use alternative means
to get information from Nkoso Consultancy, LLC, such as contacting Nkoso Consultancy, LLC through e-mail,
phone or regular mail. Nkoso Consultancy, LLC will not be liable to you if you are unable
to access information or use an online service through the Site.
Limitation of Damages. IN NO EVENT
WILL ASI BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT
DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT
FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION
THEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION IN THE SITE.
No Liability for Events Outside of Nkoso Consultancy, LLC's Control.
Nkoso Consultancy, LLC will not be liable for any problems that results from a cause over
which Nkoso Consultancy, LLC does not have direct control. Such causes include, but are not
limited to, (1) the failure of electronic or mechanical equipment or communication
lines ; (2) telephone or other interconnect problems, (3) bugs, errors,
configuration problems or the incompatibility of computer hardware or
software; (4) the failure or unavailability of Internet access; (5) problems
with Internet service providers or other equipment or services relating
to your computer or network;(6) problems with intermediate computer or
communications network or facilities; (7) problems with data transmission
facilities or your telephone, cable or wireless service; or (8) unauthorized
access, theft, operator errors, severe weather, earthquakes, or other
natural disasters or labor disputes. Nkoso Consultancy, LLC is also not responsible for any
damage to your computer, software, modem, telephone, wireless device or
other property resulting in any way from your use of the Site.
F.
Disclaimer of Warranties:
THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE,
THE INFORMATION THEREIN, AND ANY ONLINE SERVICE OFFERED THROUGH THE SITE.
G.
Indemnification:
You agree to indemnify, defend and hold harmless Nkoso Consultancy, LLC, its officers, directors,
employees, agents and licensors from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from
any violation of these Terms and Conditions by you.
H.
Consent to E-Mail Communications and Opting Out:
You agree to receive electronic mail ("e-mail") regarding services
from us and concerning online membership, such as an electronic mailing
list (if or when available). Nkoso Consultancy, LLC may send you e-mails about services and products we believe
may be of interest to you. You may opt-out of future e-mails about products
and services by following instructions contained in an e-mail that you
receive from us. We reserve the right, however, to e-mail you important
information relating to any account(s) that you may have with us, including
legal communications.
I. Protecting your User Name and Password (if applicable):
Nkoso Consultancy, LLC has adopted policies and procedures intended to prevent unauthorized
access to the Site and the information contained therein. You agree to
comply at all times with any security or operating procedures which Nkoso Consultancy, LLC
establishes. You will be responsible for the confidentiality and use of
your user name, password and account number (if applicable). You agree
not to hold Nkoso Consultancy, LLC liable for any damages of any kind resulting from your
decision to disclose your user name, password or account number (if applicable)
to any third party. You will be responsible for any access to the Site
made through and under you user name, password and account number(if applicable).
You agree to immediately notify us if you become aware of:
- Any loss
or theft of your user name, password and/or account number(s); or
- Any unauthorized
use of your user name, password and/or account number(s), or of the
Site, any information therein, or any online services offered through
the Site.
We may suspend
or cancel your access to the Site if we suspect the Site, your account
information, or any online service offered through the Site is being used
in an unauthorized or fraudulent manner.
J.
No Other Use:
The Site gives you access to services and information from Nkoso Consultancy, LLC which
may be presented with a distinctive "look and feel." These services, information
and "look and feel" are proprietary property of Nkoso Consultancy, LLC. You may use the
Site only for your personal, non-commercial use and may not reproduce, sell
or distribute all or any portion of the information provided to you.
K.
Severability:
If any clause or provision of these Terms and Conditions shall be deemed
invalid or unenforceable for any reason, the remainder of these Terms
and Conditions shall remain valid and enforceable in accordance with its
terms. The invalidity or unenforceability of any term, clause or provision
in any jurisdiction shall not invalidate or render unenforceable such
provision in any other jurisdiction.
L.
Governing Law:
These Terms and Conditions shall be governed by the laws of New York State and, where applicable, by federal law. However, any issue
relating to an account or service with Nkoso Consultancy, LLC which you can access through
the Site shall be governed by the law(s) specified in the agreement for
that account or service, if any, if there is a separate agreement for
that account or service.
M. Dispute Resolution:
You agree that you will notify Nkoso Consultancy, LLC in writing of any claim or dispute concerning the Site, or the information or services provided through it, and give Nkoso Consultancy, LLC a reasonable period of time to address it, BEFORE bringing any legal action.
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