Last updated: 03/26/2019
The following terms and conditions govern your use of the web site operated by Ivory Consulting Corporation located at www.ivorycc.com (“Website”). YOUR USE OF THE WEBSITE MEANS THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
Ivory may modify these terms from time to time without notice to you. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice. You should check these terms periodically for modifications. By continuing to use the Website after any changes are posted, you acknowledge acceptance of those changes.
2. Service Agreements
Ivory provides its financial analysis and asset valuation and management products and services ("Services") to its customers (“Customers”) pursuant to written agreements between Ivory and Customers (“Customer Agreements”). These terms and Customer Agreement will be read and interpreted, to the extent possible, so that there is no conflict between them. To the extent there is a conflict, the Customer Agreement will govern and control.
Any documents on the Website (e.g., brochures, white papers, product descriptions, and articles), are the copyrighted work of Ivory and/or its suppliers or other third parties, and are protected under United States and worldwide copyright laws and treaty provisions. Unless the Customer Agreement applies, Ivory permits you to copy and use such documents so long as each copy (i) is solely for your informational, non-commercial use in support of your evaluation or use of Ivory products or services, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. For the avoidance of doubt, such documents do not include (a) the design or layout of this Website, or (b) any software or other materials which are governed by a Customer Agreement or a license or services agreement separate from these terms.
4. Proprietary Rights
Ivory trademarks may be used only with written permission from Ivory and proper acknowledgment. Any other trademarks, brands, and names displayed on the Website are the property of their respective owners. All Rights Reserved. Ivory and its suppliers and licensors do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. You may not mirror or frame any of the content of this Website on another web site or in any other media, nor may you attempt to gain unauthorized access to any portion of the Website or any other accounts, systems or networks connected to the Website.
5. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS
UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW:
- THE WEBSITE IS PROVIDED "AS IS", AND IVORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, and
- IN NO EVENT SHALL IVORY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR FOR ANY OTHER DAMAGES OR LOSSES OF ANY NATURE, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR ANY MATERIALS ACCESSIBLE ON OR FROM THE WEBSITE.
6. Lawful Use of Website
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Access to the Website and its services is prohibited from jurisdictions where the contents of the Website or its services are illegal or penalized.
7. Third Party Products or Websites
Mention of non-Ivory products or services, or links to third party sites, is for information purposes only and constitutes neither an endorsement nor a recommendation. Ivory is not responsible for any third-party sites, whether or not linked to or from this Website.
9. Data Protection
To the extent that Ivory processes Customer Personal Data (as defined in the Data Processing Addendum) on a Customer's behalf in the course of providing the Services and (i) the Customer Personal Data relates to individuals located in the European Economic Area ("EEA"); or (ii) the Customer is established in the EEA, Customer agrees that Ivory does so as a data processor only and the parties agree to comply with the provisions of the Data Processing Addendum. For the purposes of this Agreement, "Customer Personal Data" is defined in the Data Processing Addendum.
Ivory is free to use and exploit in any way, and may assign and transfer such rights, any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information you provide Ivory regarding this Website or any of its services, without obligation or liability, including payment of any royalties or other fees.
These terms are governed by the laws of the State of California, U.S.A., not including its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is disclaimed. Except for actions for injunctive relief relating to proprietary rights or enforcement or recognition of any award or order in any appropriate jurisdiction, actions relating to this Agreement shall be brought in the state courts located in and serving Contra Costa County, California or the federal courts for the Northern District of California. The parties consent to the personal and exclusive jurisdiction of these courts.
Any modifications to these terms must be authorized in writing by Ivory. The waiver of any default does not waive subsequent defaults of the same or different kind. We are not responsible for any failure to perform due to unforeseen circumstances or to causes beyond our control.