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Terms of Use
Terms of Use ("Terms of Use") applies to anyone's access to, and use of, this Web site located at www.NelsonConsultingInc.com (the "Site"), powered by Bizzuka, Inc. ("Network").

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AS WELL AS ANY REFERENCED POLICY AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE OR BECOME A USER OF THE SERVICES PROVIDED ON THE SITE ("SERVICES"). ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR USE AND/OR ACCESS TO THE SITE OR THE SERVICES.

Modification. These Terms of Use are not exhaustive and the Site and / or the Network reserves the right to modify them at any time as well as any policy of the Site, in its sole discretion if its practices change, as technology changes, or as new services are added or existing ones changed in any way. Any changes or modification will be effective upon posting of the revisions and these Terms of Use will reflect the new effective date. Your continued use of this Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications. You should frequently review these Terms of Use (including its effective date) and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and the Services.

Suspension. Site or Network reserves the right, without notice and in its sole discretion, to terminate your use of or access to the Site or Services, and to block or prevent future use of or access to the Site. Site or Network can suspend any user if it has any reason to believe, in its sole discretion, that the user is involved in any fraudulent submission or use of personal or financial information; or engaging in any practice that constitutes an unfair or deceptive trade practice. Notwithstanding anything to the contrary in its Privacy Policy, Network may access, use and disclose transaction information about your use of its Site and Services in order to comply with the law (e.g., governmental regulatory action, legal enforcement, lawful subpoena); to initiate, render, bill, and collect for its Services or to protect its rights or property, or users of its Services.

Other Policies. To understand how the Site and the Network gathers and uses information that it collects from the Site or that you provide to Network, you should refer to Network's Privacy Policy.

Proprietary Rights. Nelson Consulting is a fictitious name registered in the State of Florida and is owned by Nelson Consulting, Inc., John L. Nelson, President. You may not use any meta tags or any other "hidden text" utilizing the “Site” or the "Network" or any other name, trademark, or product name of the Site or the Network without prior written permission. All copyrighted and copyrightable materials on the Site, including, without limitation, the design, text, technical documentation, manuals, product information, graphics, pictures, sound files and other files, and the selection and arrangement thereof are owned by Nelson Consulting, Inc. or Bazooka, Inc. You are granted a limited, non-sublicensable right to access this Site and print content on the Site for your personal, non-commercial, and informational use only. All rights reserved.

You may not (i) modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site, or any portion of it; (ii) systematically collect or use any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods nor make derivative uses of the Site, or any portion of it; (iii) use any technique, including frames or framing techniques, to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page) without the express permission of the Site and the Network. If the Site or the Network believes that you have violated its intellectual property rights, the Site or the Network may obtain injunctive or other appropriate relief in any federal or state court located in Florida without having to submit the matter to arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts. Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Site or the Network. Any unauthorized use of the Site or the Network will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and other proprietary rights.

You agree not to use the Site or Services (i) in any other manner for or in connection with any other listing service or device; (ii) as part of any effort to compete with the Site or the Network, including without limitation using the Services to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of revenue from an existing or potential Site or Network user.

Your Responsibility. You agree to indemnify and hold the Site and the Network harmless from any claim, action, demand, loss, or damage (including attorneys' fees) arising out of or in connection with (i) any third-party claim arising out of or relating to your use of the Site or any information contained therein; (ii) any dispute with a user or contact from a listing; and (iii) your breach of the Terms of Use.

You agree not to submit any listings, financial, contact or other information contained in each listing unless you have received all necessary rights and authorizations to publish the listing on the Site and you represent and warrant the accuracy of the information contained in the listing or information you provide. The Site and the Network does not validate the information posted in any way but may, in its sole discretion but without any obligation to search for such, remove listings that are alleged to have been submitted in violation of this provision. The Site and the Network may require additional evidence of compliance with this provision from users who are alleged to have submitted listings or other information in violation of these Terms of Use. The Site and the Network will, in its sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates the Terms of Use. Additionally, by posting a listing you agree to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Site or Services. The Site and the Network shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and shall have the right to modify the listing in the exercise of its rights under this Terms of Use. You represent and warrant that all listings and associated information provided by you will be accurate at all times. The Site and the Network reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the listings or information you provide or post on the Site. The Site and the Network accepts no responsibility for checking the accuracy of listings submitted by users. You agree that by posting a listing, The Site and the Network shall have the right to use listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such listing on the Internet for unrestricted use by its users and affiliated companies. The Site and the Network shall have no obligation to (i) resolve disputes among users of the Site or users to the Service; or (ii) monitor or verify the accuracy or proper use of the listings although it has the right to do so.

The Site and the Network does not ensure the accuracy of, endorse, or recommend any listings or other information posted on its Site and you use such information at your own risk. You may access listings in the Service solely to obtain initial information from which further evaluation and investigation may commence.

LISTINGS ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY NELSON CONSULTING, INC. USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Payment Obligations. You agree to pay for the Services ordered through the Site using the payment method indicated, and provide the Site and the Network express authorization to charge said fees as agreed to at the time of the order. Fees owed depend on the specific type and quantity of Services ordered from time to time (collectively "Deliverables"). Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. You agree to be responsible for any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts for the Services.

You agree to pay the fees currently in effect for the Services you order. The Site and the Network shall notify you electronically 30 days in advance before making any changes to such fees. You acknowledge that it is your responsibility to use the Services and you will not be entitled to a refund if you do not use the Services.

Your subscription to our Services will remain in effect until you cancel it, which you may do at any time by sending an Email to Nelson Consulting instructing us to cancel your subscription service or by calling our Operations Department at (813) 805-0202. We will send you a confirmation email when your cancellation is processed.

It is your responsibility to promptly provide the Site and the Network with any contact or billing information changes or updates (including phone number, credit card numbers, email addresses, etc.) Account updates may be made on the Site.

Your subscription is for your personal use and cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone. Service privileges are subject to change from time to time and may be subject to listing and searching limitations.

Use of Services. The Site and the Network prohibits the use of the Site or listings to generate or send unsolicited commercial email (SPAM). Users may not send SPAM (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Use.

Disclaimers and Limitations of Liability. The Site and the Network provides a Service where buyers can view listings of businesses for sale and other business opportunities. The Site and the Network are not involved in the actual transactions between buyers and sellers nor the actions of its users of the Services and has no control over the quality, safety or legality of the businesses advertised, the truth or accuracy of the listings, or the ability of sellers to complete sales.

THE INFORMATION POSTED, SERVICES AND DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER NELSON CONSULTING, INC., NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE MAKE ANY REPRESENTATIONS OR WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENTS, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, OR SERVICE, OR GUARANTEE ANY CONTENT OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THE SITE AND THE NETWORK SPECIFICALLY DISCLAIMS ANY LIABILITY RELATING THERETO. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

UNDER NO CIRCUMSTANCES SHALL NELSON CONSULTING, INC. OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, ITS CONTENT, OR SERVICES AVAILABLE THROUGH IT, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SAME, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS OR DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY LIABILITY OF NELSON CONSULTING, INC. AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF THE LESSOR OF MONIES PAID TO NELSON CONSULTING, INC. FOR ITS PRODUCTS AND/OR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND, IN NO CASE GREATER THAN $1,000.

Governing Law and Jurisdiction. The laws of the State of Florida (without applying conflict-of-law principles) will govern these Terms of Use and any dispute that might arise between you and the Site and the Network regarding your use of this Site and any transactions hereunder shall be governed by and construed in accordance with the laws of the State of Florida without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Tampa, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Any dispute or legal claim arising out of or relating to this Terms of Use or the Services, excluding legal action taken by the Site or the Network to collect fees and/or recover damages for, or obtain an injunction relating to, the Site or the Network for Site operations or intellectual property shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Tampa, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Site or the Network may seek any interim or preliminary relief from a court of competent jurisdiction in Tampa, Florida, necessary to protect the rights or property of you or the Site or the Network pending the completion of arbitration. The prevailing party in such arbitration will be entitled to reimbursement for costs, including reasonable attorney fees.

Miscellaneous. These Terms of Use for the Site and use of the Services constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

© 2008 Nelson Consulting, Inc.

"John Nelson's varied career and experiences, which I've observed closely for 35 years, truly qualify him for the accolade of author P. J. O'Rourke, 'Age and Guile: Beat Youth, Innocence, and a Bad Haircut.'"
 
- Richard Flemings, CPA - Emeritus


   

 

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