Last Updated January 26, 2022
We are pleased that you have elected to visit and use this website, https://www.azuriteconsulting.com (the “Website” or the “Site”), the owner of which, Azurite Consulting LLC, is herein referred to as the “Company,” “we,” “us” or “Azurite”.
The Company conducts market research on behalf of its clients through the form of online research, surveys and telephonic interviews.
Please read these Terms and Conditions of Use (“Terms of Use”) carefully and ensure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between the Company and you regarding your use of this Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to all or any of these Terms and Conditions.
Changes to the Terms of Use
From time to time, these Terms of Use may change. The Company reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.
You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.
Use of this Website
This Website is operated on behalf of the Company out of offices located in the United States of America. You must be 18 years of age to use this Site.
Access to, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any interactive functionality of the Website, you are deemed to have confirmed your acceptance to these Terms of Use. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website.
By participating in the activities offered on this Site, you affirm, represent and warrant that: (a) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); and (b) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.
The Company may terminate your right to access and/or use this Website at any time.
Use of Materials
Materials on this Website, including but not limited to sound recordings, images, reports, trademarks, compilations, and graphics (collectively referred to as the “Materials”), are protected under various intellectual property laws and owned or controlled by the Company, or used with permission of the owner(s) of such Materials. The display of Materials at this Website does not imply that a license of any kind has been granted to you.
The Company hereby grants you permission to use the Website and the Materials as set forth in these Terms of Use, provided that:
- your use of the Website and Materials as permitted is solely for your personal, noncommercial use,
- you will not copy or distribute any part of the Website and Materials in any medium and you will not “frame” the Website or any Materials in any site you create or operate without the Company’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,
- you will otherwise comply with these Terms of Use and applicable laws.
Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of the Company, is prohibited. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Privacy
Please see the Company’s Privacy Policy for information concerning the collection and use of Personal Information from this Website.
Links
The Website may contain links to other websites and to social media features (collectively, “other sites”) that are not controlled and/or maintained by the Company. Access to and use of such other websites is subject to any Terms of Use and Privacy Policies which govern those other sites. By providing such links, the Company shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on other sites.
Limitation of Liability and Use Disclaimer
The Company endeavors to make sure that all information and data it originates on the Website is accurate. However, the Company is not responsible for any damages or loss related to the use of this Website or the products and/or services provided through the Website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. THE COMPANY RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.
UNLESS PROHIBITED BY LAW, NEITHER THE COMPANY (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO GUARANTEES, WARRANTIES,REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF THE COMPANY’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
The Company is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.
Indemnity
Unless prohibited by law, you will indemnify the Company, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify the Company, shall survive beyond any term for which these Terms of Use are in effect.
Electronic Communications
When you communicate with the Company electronically, via email or otherwise, you consent to receive electronic communications from the Company for the purposes of delivering the goods or services we have contracted to provide and for the ongoing administration of such agreement. You may opt out of receiving electronic marketing communications from the Company at any time. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by the Company satisfy any legal requirement that such communication be in writing.
With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and the Company shall have no obligation to protect your communications from disclosure save that reasonable technical and organizational measures shall be implemented to maintain the confidentiality of your identity; (ii) the Company shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation save that we will not disclose your identity without your prior consent; and (iii) the Company shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
Acquisition of Business
In the event that the Company and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of the Company and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, the Company will post a notice to such effect on this Website.
Contact Us
If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please send us your questions by using the “Contact Us” page.
Copyright Infringement – Notice and Take-Down Policy
The Company values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you should provide the following notice to the Company by using the “Contact Us” page.
In your notice, you must include the following:
- a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner
- identification of the copyrighted work(s) that is (are) allegedly being infringed
- identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow the Company to locate such materials
- contact information (i.e., name, address, email address) sufficient to enable the Company to contact you
- a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed
U.S. Export Controls
Software and the products obtained through or related to this Website may be subject to United States export controls or the export controls of other countries from where you access the Site. No software or products may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable. Downloading or using the software or products is at your sole risk.
Disputes and Governing Law
Use of this Website and these Terms of Use shall be governed by the laws of the State of New Jersey of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by the Company of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and the Company’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New Jersey within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. You understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, the Company may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New Jersey and/or in any other court chosen by the Company, in the event that the Company believes that there is a violation, or a threatened violation, of any of the Company’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
