Terms of Use

Terms of Use

(Last updated December 1, 2021)

Our website, located at www.machadoconsulting.com (the “Site”) is provided by Machado Consulting, Inc. (“Machado Consulting”, “we,” “our,” or “us”) to the person accessing the Site (“you,” “your,” or “user”).

Acceptance of Agreement.

Your access to and use of the Site is subject to the following terms and conditions (these “Terms”) and all applicable laws. By accessing and browsing the Site, you accept and agree to, without limitation or qualification, these Terms and acknowledge that any other agreements between you and Machado Consulting are superseded and of no force or effect with respect to your access and use of the Site. Any reference in these Terms to Machado Consulting refers, collectively, to Machado Consulting, Inc. and all of its current and future affiliates.

These Terms include our Privacy Policy, which is hereby incorporated by reference (“Privacy Policy”). Please read the Privacy Policy, as it explains how we handle any personal information we receive from you. By accessing this Site you hereby agree to the Privacy Policy, and acknowledge that any information you transmit to us (via the Site or otherwise), including questions, comments, or feedback, will be treated as non-confidential and non-proprietary to you.

1. Use of the Site.

Machado Consulting maintains the Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text and images, without Machado Consulting’s written permission. You understand that Machado Consulting makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

2. Product Information.

Any product information provided on the Site is intended only for residents in the United States. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.

3. User Submitted Content.

Any “personally identifiable information” in electronic communications to the Site is governed by the Site’s Privacy Policy. On the other hand, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. You understand that anything you transmit or post may be used by Machado Consulting for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Machado Consulting is free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and service using such ideas, concepts, know-how, processes, or techniques.

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, or posting any obscene or abusive images or text, is strictly forbidden. Impersonation of others, including a Machado Consulting employee, host, or representative, or other users on the Site, is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

4. Notice; Electronic Communications.

When you use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Disclaimer.

THE SITE AND ITS RESPECTIVE CONTENT, MATERIALS, SERVICE AND PRODUCTS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MACHADO CONSULTING HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Machado Consulting does not represent or warrant that access to the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Machado Consulting does not make any warranties or representations regarding the use of the materials provided via the Site. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

6. Indemnification.

You agree to indemnify, defend, and hold harmless Machado Consulting, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account and/or credentials.

7. Limitations of Liability.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER MACHADO CONSULTING, NOR ANY OF ITS AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND/OR THE SERVICE, OR THE RELATED CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. Third-Party Links.

We may link to third party sites to provide complimentary services or information. These sites may have separate privacy and data collection practices, independent of Machado Consulting. These linked sites are provided for your convenience, and you access them at your own risk. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any external site before disclosing any personal information. Please contact those sites directly if you have any questions about their privacy policies. Machado Consulting does not endorse the content, or any products or services available on such sites.

9. Trademarks and Copyright.

The following trademark is our property: More than your IT departmentTM. This mark may not be used without our consent on any product or service, except our own. Copyright © 2021, Machado Consulting, Inc. ALL RIGHTS RESERVED.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Machado Consulting or its content suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

10. General Provisions.

You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and us will be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Site must be instituted exclusively in the federal or state courts located in Suffolk County in the Commonwealth of Massachusetts and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. These Terms of Use along with the agreements referenced in these Terms of Use constitute the entire agreement between you and us with regard to the matters described above.

11. Amendment.

We may change these Terms of Use from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site. Continued use of the Site following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms of Use, inclusive of such changes.

12. Entire Agreement.

These Terms constitute the entire and exclusive understanding and agreement between Machado Consulting and you regarding the Site and these Terms supersede and replace any and all prior oral or written understandings or agreements between Machado Consulting and you regarding the Site.

13. Questions and Feedback

We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info at Machado Consulting dot com.

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