Â© Copyright Global Investment Consultants, LLC. 2011. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Global Investment Consultants, LLC and its affiliates.
TERMS AND CONDITIONS OF USE
Welcome to the corporate website of Global Investment Consultants, LLC (www.global-investment-consultants.com). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by Global Investment Consultants, LLC may be used for informational purposes only. Past performance does not guarantee future performance. There are limitations and difficulties to using our systems. By using, accessing or downloading materials from this website you agree to follow the terms and provisions as outlined in this legal notice, which apply to all visits to Global Investment Consultants, LLC website, both now and in the future. Global Investment Consultants, LLC may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Condition of Use, please do not use this website.
You may view, download and copy information and materials available on this website solely for your personal, non-commercial use. You may also use such material within your organization in connection with the support of Global Investment Consultants, LLC services. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are copyrighted works. Any unauthorized use of that information or materials may violate copyright, trademark and other laws.
Any rights not expressly granted herein are reserved.
LINKS TO OTHER WEBSITES
As a convenience and to make Global Investment Consultants, LLC website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. Global Investment Consultants, LLC makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from Global Investment Consultants, LLC website is not an indication that Global Investment Consultants, LLC endorses the third party or its site, or has any affiliation with or between Global Investment Consultants, LLC and the third party hosting site.
All comments, feedback, information or materials submitted to Global Investment Consultants, LLC through or in association with this website shall be considered non-confidential and Global Investment Consultants, LLC property. By submitting such comments, information, feedback, or materials to Global Investment Consultants, LLC, you agree to a no-charge assignment to Global Investment Consultants, LLC of worldwide rights to use, copy, modify, display and distribute the submissions. Global Investment Consultants, LLC may use such comments, information or materials in any way it chooses in an unrestricted basis.
Global Investment Consultants, LLC Internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, Global Investment Consultants, LLC has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials. Global Investment Consultants, LLC may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, Global Investment Consultants, LLC makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Global Investment Consultants, LLC. Neither Global Investment Consultants, LLC, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Global Investment Consultants, LLC website. Global Investment Consultants, LLC reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND Global Investment Consultants, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL Global Investment Consultants, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR 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 AT 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. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
The reports should be considered as statements of opinion provided by Global Investment Consultants LLC and not statements of suitability for investment or an endorsement of the accuracy of any of the data or conclusions; or an attempt by Global Investment Consultants LLC to vouch for the financial conditions.
TERMINATION OF USE
Global Investment Consultants, LLC may, in its sole discretion, terminate or suspend your access to all or part of Global Investment Consultants, LLC website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the STATE of DELAWARE exclusive of its choice of law principles. The DELAWARE STATE courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Global Investment Consultants, LLC concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding Global Investment Consultants, LLC's Terms and Conditions, please email: [email protected]
The following is the terms of the agreement between Global Investment Consultants, LLC and the buyer of services through the Company Website.
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a service shall be deemed acceptance of this Contract.
2.SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4.EDITING, DELETING, AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any services. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5.RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
THE SERVICE, CONTENT, SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9.USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.
This Contract shall be treated as though it were executed and performed in Delaware, USA and shall be governed by and construed in accordance with the laws of Delaware, USA (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Delaware, USA and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations.
13.ACCESS AND SERVICES
Your access to the various services available on this Website depends on the number of services you signup for. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
14.FEES AND PAYMENT
We will charge you a standard annual fee for using our "Economic and Profitability Reports service" as well as additional fees depending on the type of services you have selected. You should review the complete and current price list below before signing up for any services. You will be given the opportunity to pay through PayPal when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full annual charges for the year for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change. To help you understand the value of stocks in your Portfolio, our one-time fees are between $100 and $1,500 depending on complexity of the analysis.
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message. However, we may need to review communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
18.LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
20.DISCLAIMERS OF WARRANTY
THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
21.CHOICE OF LAW
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Delaware, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of Delaware. In addition, you agree to submit to the jurisdiction of the courts of the STATE, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the STATE.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations.
STATEMENT OF GENERAL TERMS & CONDITIONS
All time, including travel hours, spent on the project will be billed. The following approximate ranges of hourly rates and subscription fees for various categories of services are currently in effect:
Economic and Profitability Reports: $35.95 for the first month then $300 for each year
Market Development Plans and economic/profitability reports on specific markets: Clients with Revenues below $2B: $172.18 to $203.76 per hour Clients with Revenues between $2B and $10b: Â $222.18 to $253.76 per hour Clients with revenues above $10B: $260.18 to $400 per hour Management assistance continuing engagement: $247.18 to $400 per hour.
Hourly rates will be adjusted semi-annually to reflect changes in the cost-of-living index as published. Unless otherwise stated, any cost estimate presented in a proposal is for budgetary purposes only, and is not a fixed price. The client will be notified when 75 percent of any budget figure is reached.
24.Reimbursement Expenses a)Travel expenses necessary for the execution of the project, including rail, taxi, bus, air, rental vehicles, highway mileage in company or personal vehicles, which will be charged at 51 cents per mile.
The following expenses will be billed at direct cost:
b)Accommodations, all meals at cost. c)Telephone/fax charges. d)Postage and shipping/courier services. e)In-house printing and reproduction. f)Other projects expenses: Photocopying, laser printing, and so forth.