By using this website (Celekt.net) (the “Website”), you are deemed to have read and agreed to be bound by the following terms and conditions (the “Terms of Service” or the “Terms.”)
“Customer”, “You” and “Your” refers to you, the person accessing this website and accepting these Terms of Service.
“The Company”, “Ourselves”, “We”, “Us”, and “Celekt” refers to Celekt, LLC.
“Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves, as the context indicates.
These Terms constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and the subject matter of these Terms unless a contemporaneous or later executed agreement expressly states that it is intended to supersede these Terms.
Disclaimer of Warranties The information on this Website is provided on an “as is” basis. To the fullest extent permitted by law, these Terms:
- Contain no representations and warranties relating to this website and its contents, including in relation to any errors, inaccuracies, or omissions in this website and/or the Company’s literature; and
- Exclude all liability for damages arising out of or in connection with your use of this website.
This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon (including from viruses and other harmful components) or any other direct or indirect, consequential and incidental damages. We may make changes to the features, functionality or content of the website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the website with or without notice or obligation to you.
Limited License; Permitted Uses You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Website solely in accordance with these Terms; and
(b) to use the Website solely for internal, personal, non-commercial purposes.
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. Any specific advice or formal customer relationship between you and Company will be governed by the terms of the Consulting Agreement (if any).
Copyrights and Copyright Agents The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. All rights are reserved by Celekt, LLC. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as expressly allowed herein, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
+ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
+ A description of the copyrighted work that you claim has been infringed;
+ A description of where the material that you claim is infringing is located on the Website;
+ Your address, telephone number, and e-mail address;
+ 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; and
+ A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to the Copyright Agent at email@example.com.
Third Party Content Third party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.
Unlawful Activity You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the content and materials provided therein. We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, IP addresses and traffic information.
Limitation of Liability (a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
(i) any errors in or omissions from the Website or information obtained,
(ii) the unavailability or interruption of the Website or any features thereof,
(iii) your use of the Website,
(iv) the content contained on the Website, or
(v) any delay or failure in performance beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED $50 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Force Majeure Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement (except the preservation of a party’s intellectual property rights) which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, pandemic, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Indemnification You agree to indemnify, defend and hold us and our partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of these Terms or use of the Website.
Arbitration Any legal controversy or legal claim arising out of or relating to these Terms or the Website (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Houston, Texas. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.
Miscellaneous These Terms shall be treated as though executed and performed in Houston, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles).
Any cause of action by you with respect to the Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms.
The headings in these Terms are included for convenience only and shall neither affect the construction or interpretation of any provision of these Terms nor affect any of the rights or obligations of the parties to these Terms.
Any use of words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Should any part of these Terms be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Our rights under these Terms shall survive any termination of these Terms.
When accessing the Website, in order to ensure that you have the best possible experience, we will learn certain information about you, both automatically and through voluntary actions you may take during your visit.
This Policy applies to information we collect on the Website and in email, text, or other electronic messages between you and us, through the Website and otherwise.
Children Under The Age Of 13 Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13.
If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information within a reasonable time.
If you believe we might have any information from or about a child under 13, please contact us promptly at firstname.lastname@example.org.
Information We Collect About You When you access the Website, the Company will learn certain information about you during your visit.
Information You Provide To Us The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, providing comments or other feedback, and providing information when inquiring about our products and services via the Website and otherwise.
Such information may include, but is not necessarily limited to first and last name, email address, phone number, a description of your need or request, and how you heard about us.
We use information you provide to us to deliver and personalize the requested services, improve our overall performance, and provide you with offers and information.
Information We Collect Through Automatic Data Collection Technology As you navigate our Website, we may use automatic data collection technologies, including cookies, to collect certain information about your equipment, browsing actions, and patterns.
This will generally include information about your location, your internet browser and device (including your IP address), your traffic pattern on our website, your zip code, demographic information, aggregated information, and any communications between you, your phone, computer, or other device and our Website.
The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
Email Information If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone.
This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information, see the email policies below.
Email Policies We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information.
We will maintain the information you send via email in accordance with applicable federal law. In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email is from and provide clear information on how to contact the sender.
Please read the terms, conditions and policies of such third-party sites before accessing or using such sites. The inclusion of a link on this Website does not imply any endorsement of the linked site by us or by our affiliates.
Why We Collect Information The Company collects your information in order to record and support your participation in the activities you select. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related services.
As a visitor to this Website, you can engage in most activities without providing any personal information other than that information automatically collected though Automatic Data Collection Technology.
How Do We Use the Information That You Provide to Us? We use personal information for purposes of presenting our Website and its contents to you, providing you with information and responding to your inquiries and requests, providing you with offers for our services and updates, carrying out any contract between you and the Company, maintaining a record of your contact information and visits, administering our business activities and sending you administrative updates, providing customer service, making available other items and services to our customers and prospective customers, internal business purposes, and as we otherwise believe to be necessary or appropriate:
(a) under applicable law, including laws outside your country of residence;
(b) to respond to requests from public or government authorities, including public or government authorities outside your country of residence;
(c) to enforce our terms and conditions;
(d) to protect our operations or those of any of our affiliates;
(e) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; or
(f) to allow us to pursue available remedies or limit the damages that we may sustain.
Disclosure Of Your Information As a general rule, we do not sell, rent, lease or otherwise transfer any information collected, whether automatically or through your voluntary action. If other professionals not part of Celekt, are working with us on your services with your permission (such as your accountant, a bank trust office, a financial planner, an insurance agent, or law firm), you agree that we may disclose information to them as necessary to allow them to fulfill their role in the matter.
We will use our judgment in making disclosures to these professionals. Unless you instruct us otherwise, you agree that we may disclose information to them as we believe is necessary for your best interests.
We may disclose your personal information to our affiliates and a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.
We may provide your information to any successor in interest in the event of a merger, divestiture (including estate and probate-related), restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.
How Do We Protect Your Information and Secure Information Transmissions? We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors.
We recognize that technology is ever-evolving and that email is not recognized as a secure medium of communication and cannot be fully protected from unauthorized interception. In addition, human error may at times result in electronic communications being sent in error.
For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. For efficiency purposes we may transmit information, including information of a confidential nature, by email to you unless you request us not to. In such instances, we can limit communications to mail, fax, and personal delivery with the understanding that such limitation will result in increased fees and expenses due to the increased time involved. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL.
Credit Card information and other sensitive information is never transmitted via email.
Unfortunately, no data storage system or method of data transmission over the internet can be guaranteed to be 100% secure. If you have reason to believe that your communications with us have been compromised in any way, please immediately notify us of the problem by contacting us at email@example.com.
We ask that you not send us, and you not disclose, any sensitive personal or other confidential information (e.g., Social Security numbers, credit card or other payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Sites or otherwise to us.
The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
Cross-Border Transfer Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Website you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those in your country.
Visitors’ GDPR Rights The European Union law known as the General Data Protection Regulation (“GDPR”) gives certain rights to individuals in relation to their personal data. Those rights include:
- Right of Access – the right to be informed of and request access to the personal data we process about you;
- Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
- Right to Erasure – the right to request that we delete your personal data;
- Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
We will generally retain information you provide to us until the earlier of: a) you asking us to delete the information; and b) our decision to cease using the data;
- Right to Object a) the right, at any time, to object to us processing your personal data on grounds relating to your particular situation; b) the right to object to your personal data being processed for direct marketing purposes;
- Right to Data Portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
- Right not to be subject to Automated Decision-making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
If you have any questions about our Terms of Service, your privacy, your rights, or how to exercise them, please contact us at firstname.lastname@example.org. We will respond to your request within a reasonable period of time upon verification of your identity.
If you are unhappy with the way we are using your personal data you can also contact and are free to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
If you have any questions about these Policies, please contact us at email@example.com
We hope you enjoy the Website and are interested in the business development services we provide.
© Celekt 2022 | firstname.lastname@example.org