TERMS OF USE

Welcome to Ashley Shaw Consulting, a website located at  www.ashleyshawconsulting.com and operated by Ashley Shaw Consulting LLC (“ASC”, “we”, “us” and “our”) This website, including all information, tools and services are available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our Site, using our Site or making any downloads through our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by any hyperlink on our Site. These Terms of Use are legally binding and apply to all users of our Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Read these Terms of Use carefully. By accessing or using any part of our Site, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use, then you should not access the website, use the Service, book any consultations or make any purchases through our Site. The Terms of Use are considered an offer and visiting or using our Site in any manner is acceptance of the Terms of Use. You understand that by using our Site you are agreeing to these Terms of Use. 

Any new features or tools added to our Site will be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page for changes. Continued use or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL CONDITIONS

By agreeing to these Terms of Use, you represent that you are the age of majority in your state or province of residence. This site is not intended for use by children under the age of majority.

License to Use Site. We grant you a non-transferable, non-exclusive, right to access and use the Site and the Services. The rights are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you will not access the Services in order to build a similar or competitive service; and (d) except as expressly stated in these terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services will be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies. 

We reserve the right to refuse the Service to anyone for any reason at any time. We reserve the right to modify the contents of our Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

ASC is not responsible for the accuracy of any information made available on this Site. The material on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Ste is at your own risk.

We reserve the right at any time to modify or discontinue the Service without notice at any time. We are not liable to you or any third party for any modification, suspension or discontinuance of the Service. A violation of any of the Terms will result in an immediate termination of your access to our Site.

SECTION 2 – ABOUT US

ASC is a website intended to inform the public about the services offered by ASC and provide informational and educational content.  Nothing on this Site creates an attorney-client relationship with Site visitors. 

SECTION 3 – NO LEGAL ADVICE

All information on this Site is for informational and educational purposes only and is not meant to be relied upon by Site visitors as legal advice or in reliance on making any decisions.  Please consult your own attorney for legal advice.

Content on our Site and any products or service offered through our Site should not be considered legal advice and you should not rely on such content, products or service to make legal decisions. Any content on our Site and any products or services offered or purchased through our Site is for informational and educational purposes only. Content on our site is designed to commonly inform and educate you on various legal issues so that you can make more informed decisions. ASC offers no opinion or advice relating to whether the products or services offered through this Site or are suitable for you or your business. 

SECTION 4 – YOUR RELATIONSHIP WITH US

Through our Site, you will be provided with information and may be offered products or services. Your receipt of information through our Site or the purchase of any products or services DOES NOT establish an attorney-client relationship with ASC or any of its attorneys. An attorney-client relationship is only created after a signed client engagement letter with ASC.

SECTION 5 – COMMUNICATION

As a part of your access to and use of our Site and the Service, we may provide you with certain communications, such as announcements, offers, provider notices, marketing information, Service updates and other communications about our Site or the Service (“Communications”). Communications are considered part of the Service. You agree and consent that Communications that we send you electronically will satisfy any legal communication requirements, including any communication that must be in writing. 

You agree that we may send you Communications through electronic means including but not limited to: (1) by email, using the address that you provided to us or (2) by posting Communications on our site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication. You can withdraw your consent to receive Communications by unsubscribing via email or by ceasing your use of our Site and the Service. 

SECTION 6 – PRIVACY

ASC complies with applicable privacy laws. Details on our use of your information, if any, are in our Privacy Policy. Your acceptance of these Terms of Use constitutes acceptance of our Privacy Policy. 

SECTION 7 – THIRD-PARTY LINKS & THIRD-PARTY TOOLS

Content on our site and the Service contain third-party links, affiliate links and materials. Third-party links may direct you to third-party websites or third-party tools that are not affiliated with us. If you access these websites and tools, you acknowledge and agree that such websites and tools are provided “as is” and “as available” without any warranties, representations or conditions of any kind or endorsement.

ASC is not responsible for examining or evaluating the content or accuracy of any third-party website or a third-party tool. We do not warrant such websites or tools and ASC shall have no liability whatsoever arising from or related to your use of any third-party websites, third-party tools or for any other materials, products, or services of third parties.

ASC is not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party’s policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that ASC may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. ASC shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 9 – PROHIBITED USES

You are prohibited from using our site or its content: (a) for resell; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

SECTION 10 – DISCLAIMERS

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU EXPRESSLY AGREE THAT THE USE OF OUR SITE OR THE SERVICE IS AT YOUR SOLE RISK. BOTH THE SITE AND ANY SERVICES AND PRODUCTS OFFERED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, CONDITION, QUIET ENJOYMENT, VALUE AND ACCURACY OF DATA. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU

SECTION 11 – LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ASC, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THIS SITE OR THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE OR THE SERVICE. THE MAXIMUM LIABILITY OF ASC TO YOU FOR YOUR USE OF THIS SITE OR THE SERVICE SHALL NOT EXCEED ANY AMOUNTS YOU PAID IN THE LAST 30 DAYS.  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS AMOUNT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless ASC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach or misuse of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 13 – FORCE MAJEURE

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes, floods, civil disorder, strikes, fire or any other disaster. 

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by ceasing your use of our site. ASC may suspect or terminate your use of our site and the Service for any reason at any time without notice. 

Subject to applicable law, ASC reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to our site in accordance with its internal record retention and/or content destruction policies. 

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. 

SECTION 15 – INTELLECTUAL PROPERTY

Certain names, logos and other materials displayed on our Site and the Service may constitute trademarks, trade names, service marks or logos (“Marks”) of ASC or other entities. You are not authorized to use any such Marks without the express written permission of ASC and any applicable entity. Ownership of all such Marks and the goodwill associated with the Marks remains with ASC or the owner of such Marks. 

SECTION 16 – SEVERABILITY & NONWAIVER

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

ASC’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of any rights or provisions.

SECTION 17 – ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on our site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements and communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.

SECTION 18 – GOVERNING LAW & DISPUTES

These Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed by the laws of the state of Missouri.

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ASC HAVE AGAINST EACH OTHER ARE RESOLVED.

You and ASC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Use, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth below.

Any dispute arising under or related in any way to these Terms of Use will be resolved exclusively by the final and binding arbitration in St. Louis County, Missouri under the rules of the American Arbitration Association, except ASC may bring a claim related to intellectual property rights or seek temporary or preliminary specific performance and injunctive relief in any court of competent jurisdiction without the posting of a bond or other security. All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity and not as a plaintiff or class member in any purported class or collective proceeding. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in St. Louis County, Missouri for any action related to these Terms. 

Contact Information:

Ashley Shaw Consulting

Email: [email protected]