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Website Terms & Conditions of Use

This website and related services are provided subject to your compliance with the Terms and Conditions of Use specified below. Your continued use of this website will indicate your agreement to be bound by these Terms and Conditions of Use and the accompanying Privacy Policy which is incorporated herein. If you do not agree to be bound by these Terms and Conditions of Use, please exit this website promptly.

  1. The information contained within this website is offered solely for your consideration. It is not to be taken as a warranty or representation for which we or any of our affiliates assume legal responsibility.

    The contents of this website may be read, viewed, reviewed and accessed for your personal and/or business use. The materials on this website may not be modified in any way or reproduced or distributed or repackaged or used for any public or commercial purpose unless expressly permitted. Any use or display of the materials on this website on any other website or networked computer environment for any purpose is prohibited. The materials on this website are copyrighted and any unauthorized use of these materials may violate copyright, trademark, and other laws. If you breach any of these terms, your authorization to use this website is terminated and you must immediately destroy any downloaded or printed materials.

    Please note that we are not responsible for the content or activities associated with any website or entity that is linked to this website.

  2. Copyrights for the materials contained within this website, including all text, graphics, and photos, are owned by isConsulting and its affiliates. Some of the photographs and other materials used on this website may be the property of another copyright or trademark holder and is being used with permission. Additional copyright may be asserted on some of the technical features of our website, the respective copyright notices may be included with the source code of these features. Our copyright notice is included at the bottom of each page. The use, reproduction, and/or re-transmission by any means of any of the material contained in this website without the written permission of the copyright holder is strictly prohibited.

    If you are permitted to use, reproduce and/or otherwise re-transmit any of the content available on this website, by any means, under a written and signed license agreement, you must ensure that our copyright notice is clearly visible on the licensed content.

  3. Links to third party website's from this website are provided solely as a convenience. If you use these links, you will leave this website. We do not claim to have reviewed these third party website's in their entirety, nor do we control these website's. We are not responsible for any of these website's or their content. Moreover, we do not endorse or make any representations about any of the website's for which links are provided, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party website's linked to this website, you do so entirely at your own risk.

  4. IF YOU ARE ACCESSING THIS WEBSITE FROM A COMPUTER LOCATED IN THE STATE OF NEW YORK, OR IN ANY OTHER PLACE WHERE THE USE OF OUR MATERIALS, SERVICES OR THE PURCHASE OF GOODS OFFERED FOR SALE ON THIS WEBSITE IS PROHIBITED, OR IF OUR AFFILIATES PROHIBIT YOUR ACCESS TO THERE MATERIALS ON THIS WEBSITE, OR WHERE YOUR USE OF THIS WEBSITE IS REGULATED OR PROHIBITED BY LAW, YOU MAY NOT CONTINUE TO USE THIS WEBSITE. THE STATE OF NEW YORK SPECIFICALLY PROHIBITS US, AND SOME OF OUR AFFILIATES, FROM CONDUCTING BUSINESS IN THE STATE OF NEW YORK BECAUSE WE ARE NOT LICENSED TO CONDUCT BUSINESS, OR TO COLLECT TAXES, IN THAT STATE. If you choose to continue to use this website from such locations you do so at your own risk and you further warrant to isConsulting and it's partners that you will be solely responsible for such use.

  5. THE MATERIALS PROVIDED AT THIS website ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. We further do not warrant the accuracy and completeness of the materials on this website. We make no commitment to update the materials on this website, even if out of date. Information published on this website may refer to products, programs or services that are not available in your country or region.

  6. IN NO EVENT WILL ISCONSULTING, ITS AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS website BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  7. Subject to our Privacy Policy, any material, information or other communication you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such communications. isConsulting and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text, content and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.

  8. isConsulting maintains a list of prohibited persons and companies. If you or your company is included on the list of prohibited persons and companies you are prohibited from using this website. Any violation of this provision is prohibited by law in the United States and will be considered grounds for criminal and civil legal action. You will be included on the list if you or any partner or any representative or any principal of your company or any company that you are employed by or any company that you have any kind of ownership stake in, is now involved in, or has ever been involved in, any litigation or other legal action whether against us or brought by us. If you have ever violated the terms of this or any of our other website's, or if you have ever violated our copyright rights you will be on the list. You will also be on the list if you, or your company, have ever been terminated as a client of isConsulting or if we have sufficient evidence to believe that you, or your company, are involved in any kind of fraud or other violation of the law. We reserve the right, as a proprietary business process, to determine who is placed on the list at our sole discretion. As such, the list is the proprietary property of isConsulting and is not available for public review.

  9. Contests and/or events that are conducted on, or advertised by, this website may have additional terms and conditions. These contests and/or events may be changed or cancelled at any time, with or without notice. Any related Terms and Conditions may also be altered at any time. When an award, prize or premium is offered, we reserve the right to substitute or change that award, prize or premium, with or without notice.

  10. These Terms and Conditions of Use are entered into in the State of Utah and shall be governed in accordance with the laws of the State of Utah, exclusive of its choice of law rules.

    If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  11. We may revise and update these Terms and Conditions of Use at any time. Please periodically review the terms, conditions, and privacy statements posted on this website. Continued usage of this website will be considered acceptance of any changes. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms on particular pages or associated with particular features of this website.

  12. Except as expressly provided in this legal notice, our Privacy Policy and any legal notice issued as part of a specific page or feature on this website; these Terms and Conditions of Use constitute the entire agreement between you and isConsulting with respect to the use of the is3k.com website and content.

    We welcome your questions and comments regarding our Terms and Conditions of Use and anything else on this website. Please visit our contact page for our contact information.

    We are sensitive to the expectation of privacy by those who access this website. For a complete statement of our policies on privacy, please read our Privacy Policy.

Notice and Take Down Procedure for Making Claims of Copyright Infringement

If you believe copyrighted work is available on a website that we have published, in a manner that constitutes copyright infringement, you must provide a written notification by US Mail or other physical means. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product, activity or other material is infringing your copyrights. You must send the notification to:

isConsulting
Attn: DMCA Complaints
Post Office Box 432
Willard, UT 84340-0432

The notification must include the following:

  1. Identify the copyrighted work that is the subject of the claimed infringement or other information sufficient to specify the copyrighted work being infringed. This essentially includes your evidence that you hold a copyright/s that you believe is being infringed.

  2. Identification of the allegedly infringing material, together with information reasonably sufficient to permit us to locate the material.

  3. Provide information reasonably sufficient to permit us to contact you such as your name, address, telephone number and email address.

  4. You must include the following statement, "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

  5. You must include the following statement, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

  6. You must sign the notification.

Upon receipt of notification containing substantially all of the foregoing, we will take the following steps:

  1. Remove or disable access to the allegedly infringing material.

  2. Forward your notification to the alleged infringer (the "Impacted Party").

  3. We will take reasonable steps to notify the Impacted Party that we have removed or disabled access to the allegedly infringing material.

The Impacted Party may submit a counter notification in writing by US Mail or other physical means (see address above). The written counter notification (the "Counter Notification") must include all of the following:

  1. Identity of the allegedly infringing material that was removed or disabled by us and the location where the material appeared before it was removed or access to it was disabled.

  2. Provide your name, address, email address and telephone number and a statement that you consent to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which the website operator or owner may be found.

  3. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

  4. You must sign the notification.

Upon receipt of a Counter Notification containing all of the foregoing, we will take the following steps:

  1. Send you a copy of the Counter Notification.

  2. Inform you that we will replace the allegedly infringing material or cease disabling access to it within ten (10) business days.

  3. We will then replace the removed allegedly infringing material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the Counter Notification; provided you have not supplied us with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.

Last Update: Saturday, April 24, 2010 3:39 AM