TERMS OF USE

The website (the “Site”) of EFESO MANAGEMENT CONSULTANTS, INC. (“EFESO”) is an online information service provided by EFESO subject to your agreement and compliance with the terms and conditions set forth below (these “Terms Of Use”).

Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms of use set forth below. If you do not wish to be bound by these terms of use, you may not access or use the site.  Efeso may modify these terms of use at any time, and such modifications shall be effective immediately upon posting of the modified terms of use on the site. You agree to review the terms of use periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified terms of use.

1. Copyright, Licenses and Idea Submissions

 The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are EFESO, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. Any rights not expressly granted herein are reserved. The rights granted to you in this section terminate immediately and automatically if you do not comply with the Terms Of Use.

You agree to grant to EFESO a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to EFESO by all means and in any media now known or hereafter developed. You also grant to EFESO the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against EFESO for any alleged or actual infringement or misappropriation of any proprietary right in your communications to EFESO.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of EFESO. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site

You understand that, except for information, products or services clearly identified as being supplied by EFESO, EFESO does not operate, control or endorse any information, products or services on the Internet in any way. Except for EFESO – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with EFESO. You also understand that EFESO cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

3. DISCLAIMER OF WARRANTIES:

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. EFESO PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND EFESO SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. EFESO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

4. LIMITATION OF LIABILITY

IN NO EVENT WILL EFESO BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION EVEN IF EFESO OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, EFESO LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

EFESO makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access a non-EFESO website, please be advised that such website is independent from EFESO, and that EFESO has no control over the content on that website or any responsibility for such website.

5. Indemnification

You agree to indemnify, defend and hold harmless EFESO, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, in connection with any claims arising from or related to your use of the website or any violation of these Terms Of Use, including without limitation representations, warranties and covenants made by you in these Terms Of Use.

6. Additional Provisions 

These Terms Of Use shall all be governed and construed in accordance with the laws of the State of Texas, USA applicable to agreements made and to be performed in the State of Texas, without reference to its conflicts of laws principles.  You agree that any legal action or proceeding between EFESO and you for any purpose concerning these Terms Of Use or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction located in Houston, Harris County, Texas.  You waive any objection to venue in such courts, including any objection as to the inconvenience of such courts.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. EFESO’s failure to insist upon or enforce strict performance of any provision of these Terms Of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms Of Use. EFESO may assign its rights and duties under these Terms Of Use to any party at any time without notice to you. These Terms Of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.