Talman Consultants Website Terms of Use

Effective: September 22, 2021

These Terms of Use (“Terms”) govern your access to and use of Talman Consultants, LLC’s (“Talman,” “we,” or “us”) website, talmanconsultants.com, that is used to communicate with our business customers  (the “Site”).  Please read these Terms carefully.  By using the Site, you agree to these Terms on behalf of yourself and any company or employer on whose behalf you are engaging with us.  References to “you” and “your” in these Terms include any such company or employer.   If you do not agree to be bound by all of these Terms, do not use the Site.  Please also review our Privacy Policy, which is applicable to your use of the Site.    

 

1. Use of the Site.  The Site and Content (defined below) are provided to inform you generally about our professional services.  Any professional services relationship between you and Talman will be governed by a separate contract.  In addition to the information provided at our Site, the Site may offer features such as the opportunity to submit information to us, sign up for our marketing communications, or otherwise engage with us via the Site.  When you use the Site and its features, you agree to not use them for any purpose that is prohibited by these Terms, by applicable law, or any other manner that we deem objectionable in our sole discretion.  You will not, and will not permit or assist any third party to:

  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;   

  • infringe on any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other right of another person or entity;

  • act in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane, or vulgar; or that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

  • use the Site for promotional or commercial purposes (e.g., unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation);

  • engage or attempt to engage in any potentially harmful acts that are directed against the Site, including but not limited to violating or attempting to violate any security features of the Site; using manual or automated software or other means to scrape, crawl, spider, or similarly access any portion of the Site; introducing or sending viruses, worms, spyware, malware, or any other kind of harmful code into or through the Site; interfering or attempting to interfere with the proper functioning of or use by others of the Site, including by means of overloading, flooding, spamming, mail bombing, or crashing the Site; or

  • interfere with, disrupt, or attempt to gain unauthorized access to accounts on the Site or any other computer network.

 

2. Intellectual Property and Our Content.  The Site is owned and operated by Talman.  The content, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, and all other elements of the Site provided by us (excluding any Third-Party Content, the “Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Content contained on the Site is the property of us and/or our third-party licensors. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Content, in whole or in part.  You agree not to delete any copyright or other proprietary rights notices on the Site.  All trademarks, service marks, and trade names (including “Talman Consultants” and “RAMP”) are proprietary to us or our third-party licensors.

 

3. Third Party Materials.  The Site may display, include, or make available third-party materials (such as data, information, applications and other products, services, and/or other materials) or provide links to third-party websites or services (“Third Party Materials”). Third Party Materials, and links to any Third-Party Materials, are provided solely as a convenience to you, and we are not endorsing any Third-Party Materials.  You expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites or properties, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures, or problems caused by, related to, or arising from those third parties or their sites.  Your use and access of any Third-Party Materials is solely at your own risk and is subject to the terms and conditions and policies applicable to the Third-Party Materials.

 

4. Copyright Infringement.  The Digital Millennium Copyright Act, 17 U.S.C. Section 512, as amended (the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the Site infringe their rights under U.S. copyright law.  If you believe that your work has been improperly copied and posted on our Site, you may request removal of those materials (or access thereto) from the site by submitting written notification to us at legal@talmanconsultants.com.  To comply with the DMCA, your written notice must include the following: 

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA.

 

5. Disclaimer of Warranties and Limitation of Liability.  To the fullest extent permissible by applicable law, you agree that the Site and Materials are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by law, Talman makes no representations or warranties or endorsements of any kind whatsoever, express, or implied, as to the Site or the Materials.  To the fullest extent permissible under applicable law, Talman will not be liable to you for indirect, economic, special, incidental, or consequential losses or damages that are directly or indirectly related to the Site or Materials. You understand and agree that all rights under section 1542 of the civil code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her. Section 1542 reads as follows: 

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

6. Your Warranties.  You represent and warrant that: (i) you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms; (iii) your use of the Site is lawful in every jurisdiction where you access or use the Site.

 

7. Indemnification.  To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Talman, its employees, managers, officers, shareholders, affiliated companies, agents, vendors, and contractors (the “Talman Parties”) harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Site or activities in connection with the Site; (b) your breach (actual or alleged) or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer or mobile or other device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trade identity, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (g) the Talman Parties’ use of your information as permitted under these Terms and the Privacy Policy. You will cooperate as fully required by the Talman Parties in the defense of any claim.  The Talman Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Talman Parties.

 

8. Governing Law and Venue.  These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to these Terms will be filed in the courts having proper jurisdiction within the State of Illinois, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

 

9. Miscellaneous.  We may assign these Terms without notice to you; you may not assign these Terms. Our waiver of any breach of these Terms will not be construed to be a waiver of any succeeding breach or any other covenant.  The section titles are inserted only as a matter of convenience and have no legal or contractual effect.  If any provision of these Terms is found to be unenforceable or contrary to law, such provision will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between you and Talman with respect to your use of the Site and Materials.  We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms and will notify you of material changes by posting the changed or modified Terms on our Site (“Updated Terms”).  We may, in our sole discretion, also provide notice to you in other ways in our discretion, such as through contact information you have provided. Your use of the Site after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement and consent to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Site from that point forward.

 

10. Contact Us.  You can contract us with any questions, complaints, or claims with respect to the Site or these Terms at:

Talman Consultants, LLC.

141 W. Jackson Blvd., Suite 1600A

Chicago, IL 60604

Email:  legal@talmanconsultants.com