Terms and Conditions

The website and software offered by Blackboard Bi. DBA Consulteaze (“Consulteaze”, “we”, “our”, etc.) and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links, created tasks and related information, text, files, and other content or materials (collectively, the “Content”) uploaded, downloaded, or appearing on our websites or applications are governed by these Terms of Service (the “Terms”) and all policies available on consulteaze.com.

Our information collection and usage practices are described in our privacy policy. You accept these Terms and our Privacy Policy by using the Service. You agree to these Terms on behalf of the organization or entity (hereafter referred to as the “Organization”) if you are using our service on their behalf. You also represent and warrant that you are authorised to bind the Organization to these Terms. Then, that Organization is referred to by “you” and “your.” Your legal rights and obligations are impacted by our terms and privacy policy. Please do not access or use our service if you do not accept to be bound by all of these.

Content and User Account

1. When you register for a Consulteaze account, you have to enter true information.
2. You are in charge of protecting your password and any actions that take place under your account; you also have to notify us right away if you discover any unauthorized use of your account or security breach.
3. A person has to register your account. It is not allowed to register accounts using “bots” or other automated techniques. You also have to be 16 years of age or older.
4. You are not allowed to use another user’s account without their consent.
5. Unless the law expressly prohibits it, you may not attempt to disassemble, decompile, or reverse engineer the Service, nor assist any person in doing so.
6. If you have a paid account, costs are not refundable unless you terminate your account within the 30-day money-back guarantee period or as required by law. When fees are due, you agree to pay them. If you choose to pay with a credit card or another electronic method, you give us permission to charge you for such fees. Customer accounts are configured to automatically renew by default. Unless you cancel the Service before its renewal date, we may charge you for this renewal on or after the renewal date linked to your account. We might change the Service’s pricing structure from periodically and will inform you to let you know if there are any fee adjustments at least thirty (30) days before your service renewal date. It is your duty to give Consulteaze accurate and comprehensive billing information. If fees are not paid on time, we reserve the right to suspend or stop your usage of the service. All taxes are your responsibility (apart from taxes on our net revenue), and we shall impose taxes if mandated by law.

Your Use of Our Services

1. You are not permitted to update, modify, adapt, or alter the Service or make any changes to another website in a way that would falsely suggest that it is connected to the Service or us.
2. You may not use any method other than those that we have specifically approved to access our confidential API.
3. You agree not to try to prevent another user from using or benefiting from the Service, nor to incite or assist in the breaking of any of our other agreements or these Terms.
4. We could offer downloading client software (the “Software”) as part of the Service for you to use in conjunction with the Service. If this software is intended to run on a certain desktop or mobile operating system, a compatible system must be used. It may update automatically. We give you a limited, nonexclusive, nontransferable, and revocable license to use the Software only to access the Service as long as you abide by these Terms; the software and any copies thereof are not sold under this license, and as between you and us, we retain all rights, title, and interest in the software. Except as specifically specified in these Terms, you agree that you will not rent, lease, lend, assign, distribute, license, sublicense, or otherwise exploit in any way, in whole or in part, Our Content, the Services, or any related software. Nor will you copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or take part in any sale of any of the aforementioned.
5. You are not permitted to transmit any worms, viruses, spyware, malware, or other destructive or disruptive code, nor to interfere with or disrupt the Service, servers, or networks linked to the Service. It is prohibited to introduce content or code, or to take any other action that could modify or impede the rendering or display of any of our pages on a user’s browser or device.
6. Your account may be terminated at our sole discretion if you violate these Terms. In addition, we reserve the right to look into and pursue legal action for any violations of these Terms. We reserve the right to work with law enforcement agencies to prosecute Users who break the Terms. You understand that while we have the right to, we are under no duty to pre-screen or keep an eye on how you use our service or any information, materials, or other content that is made available through it. By using this service, you consent to us having the right, at our sole discretion, to remove or delete any data, accounts, or other content that is objectionable or violates these terms.
7. By choosing to use any third-party application in conjunction with your use of the Service, you agree to the sharing of your Content with those third parties. You should read the privacy policy of the third-party application provider to find out how they use your Content and other information.

General Conditions

For any reason, including but not limited to, if we reasonably believe that: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; (iii) you have a free account that has not had any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration; or (iv) our provision of our Services to you is no longer commercially viable, we may suspend or terminate your account(s) or cease offering all or part of our Services to you at any time, without liability to you. When you try to access your account again, via our Service, or at an email address or phone number you’ve given us (if relevant), we’ll try our best to let you know. Your Content and all other data will no longer be available through your account if we cancel your access to the Service.

1. If we determine in our sole judgment that any Content or accounts containing Content violates these Terms, we may, but we are not required to, remove, alter, block, and/or monitor the Content.
2. By using the Service, you acknowledge and accept that you are in control of all data charges.
3. We forbid using any automated method to crawl, scrape, cache, or access any content on the Service, with the exception of what may arise from conventional search engine protocols or technology employed by a search engine with our express permission.
4. Occasionally, in order to identify an issue, our staff members, subcontractors, or agents must have access to your account and its contents. It is assumed that by contacting our support staff, you consent to us accessing your account to provide assistance, if needed. Please be specific in your conversation with our support team if you would need assistance without giving access to your account; we will try our best to accommodate your requirements.
5. We may transfer, store, and process your Content in South Africa or any other nation where we or our agents maintain facilities in order to provide you with the Service. You give permission for the transport, processing, and storage of your Content when you use the Service.

Rights

1. Ownership. In accordance with the terms of this agreement,: (i) “Content” refers to any data, text, files, information, usernames, graphics, photos, profiles, audio and video clips, sounds, musical compositions, original works, applications, links, completed tasks and related data, text, files, and other materials; and (ii) “User Content” refers to any Content that Account holders, including you, submit to be made available via the Services. User Content is included in Content without restriction.
   • Ownership of the Content We Produce
     All materials on or within the Services, unless otherwise indicated, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Consulteaze Content may be a violation of these Terms as well as other laws. This protection extends to text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and other materials (collectively, “Consulteaze Content”). We do not give any rights to use Consulteaze Content, either express or implied, other than those specifically granted in these Terms. Except as specifically provided in these Terms, you consent to not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or take part in the sale of Consulteaze Content, the Services, any related software, or Client Software as defined above. You also agree not to rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part. It is your responsibility to ensure that any copyright, trademark, service mark, or other property rights notices included in or attached to the Services or Content are not removed, altered, or obscured. It is your responsibility to ensure that any copyright, trademark, service mark, or other property rights notices included in or attached to the Services or Content are not removed, altered, or obscured. You understand that copyright, trademark, and other laws in the US and other countries protect the Services and Content.
   • User Content Rights
     Regarding the Content you upload or generate on your own on your Consulteaze Service account, we make no ownership claims. Anything that you own is still yours. Except for the minimal rights required for us to offer you the Consulteaze Service, these Terms of Service do not give us any licenses or rights to your Content. Despite the aforementioned, we might still access Content to gauge user happiness and learn how we can make our service better. In a similar vein, you own any reporting information we gather from your usage of the Consulteaze Service. By using the Consulteaze Service, you consent to us using this data to provide you with the Consulteaze Service. You also consent to us combining this data with the anonymized data of other companies to provide benchmarking, public reports, or to use it in any other way to provide the Consulteaze Service, provided that the data is anonymized and does not identify you.
   • Notifications and Alerts
     You may be able to receive push notifications, text messages, alerts, emails, and other kinds of messages delivered to you directly from within or outside of the app (“Notifications”) as part of the services we offer. With the possible exception of occasional, significant service announcements and administrative messages, you are in charge of your notification preferences and can choose whether or not to receive these notifications via the services.
2. You hereby agree that we may place such advertising and promotions on the Service or on, about, or in association with your Content. Part of the Service may be funded by advertising income and may display advertisements and promotions. Without giving you prior notice, the form, scope, and mode of such advertising and promotions are subject to change.
3. You understand that we might not always label sponsored content, paid services, or commercial messages as such.
4. You hereby represent and warrant that: (i) you are the owner of the Content that you post on or through the Service or that you have the authority to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate, or infringe on any third party’s rights, including but not limited to privacy rights, publicity rights, copyrights, trademarks, and/or other intellectual property rights; (iii) you agree to pay all royalties, fees, and other sums owed in connection with the Content that you post on or through the Service; and (iv) you are able and legally to enter into these Terms of Use in your jurisdiction.
5. Without our prior written consent, you are not permitted to copy, imitate, or use the Consulteaze and Blackboard BI name or logo in whole or in part. Furthermore, none of the page headers, unique visuals, button icons, or scripts may be duplicated, imitated, or used in any way without our prior written consent. These are our service marks, trademarks, and/or trade dress.
6. While we strive to keep the Service up and running as much as possible, there will be times when it won’t be available. These times could include planned maintenance or upgrades, emergency repairs, unplanned downtime, system and server failures, or equipment or telecommunications link failure. As a result, we advise you to keep a copy of your Content on hand. Stated differently, you acknowledge that we do not provide backup services and that you will not use the Service to store or backup content. If the Services are altered, suspended, terminated, or any Content is lost, we won’t be held responsible to you. Additionally, you agree that content submissions and other information submissions may not be safe and that security breaches on the Internet are a possibility.
7. You acknowledge that we don’t control or support content that is uploaded on the Service. We are under no duty to pre-screen, keep an eye on, modify, or delete any Content. Should your content break these terms, you can be held legally accountable for it.
8. As between you and us, all Content is non-proprietary and non-confidential, unless otherwise specified in the Service’s Privacy Policy. We disclaim all liability for any use or disclosure of Content. You understand and agree that your relationship with us is not fiduciary, confidential, or based on any other kind of special relationship, and that by submitting any Content, you are not putting us in a different position than the general public, including with regard to the Content you have submitted. We shall not be under any obligation of confidence with regard to any of your Content, and we disclaim all liability with regard to any use or disclosure of Content you submit.
9. We give you a limited, non-exclusive, revocable license to use the Service only for the purposes for which it was designed, provided you continue to comply with these Terms and any other applicable regulations. You consent to not using the Service for any other objectives.
   This license is revocable at any time. This license is subject to these Terms and does not include:
   • The distribution, public performance, or public display of Our Content;
   • Modifying or otherwise making any derivative uses of the Services or Our Content, or any portion thereof;
   • Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
   • Downloading (other than page caching) any portion of the Services, Our Content, or any information contained therein, except as expressly permitted on the Services;
   • Accessing our API with an unauthorized or third-party client; and
   • Any use of the Services or Our Content other than for their intended purposes.
   • Any use of the Services or Our Content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license to use our Service and Site granted in these Terms.
10. We reserve the right to reject or take into consideration any ideas, content, information, or suggestions, or other items, unless we have received express requests for them, along with any applicable restrictions, terms, and conditions. If your ideas are comparable to those we have created or are developing independently, this is to prevent any misconceptions. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree to the following:Reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to us via our sites, our services, by mail, phone, email, or in any other way in connection with your use of this service (collectively, “User Submissions”) grant us the royalty-free, irreversible, transferable right and license to use the User Submissions however we see fit, including without limitation, copying, editing, deleting in full, adapting, publishing, translating, and/or selling and/or distributing such User Submissions and/or incorporating such User Submissions into any form, medium, or technology around the world. Any User Submissions you provide may be used, reproduced, disclosed, altered, modified, and adapted, as well as published, displayed, and distributed for any purpose without restriction or payment to you. We are not required, and will not be required, to (1) keep any User Submissions private; (2) compensate the User for any User Submissions; or (3) reply to any User Submissions. You guarantee that any User Submissions you send us won’t infringe upon the rights of any third party, including but not limited to copyright, trademarks, privacy, or other property or personal rights, and won’t harm any individual or organization. You further agree that no User Submissions that you provide to us will include any software infections, political campaigning, commercial solicitation, chain letters, mass mailings, or any kind of “spam,” nor will they contain any libelous or otherwise illegal, threatening, abusive, or obscene material.
    You accept the terms mentioned above with relation to User Submissions by using this Service. Please be aware that under no circumstances will User Submissions be regarded as User Content in the sense that that term is defined in this section’s paragraph 1, subsection b.

License Limitations

A VIOLATION OF OUR POLICY AND POSSIBLE VIOLATION OF CRIMINAL AND CIVIL LAWS RESULTS FROM ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY OF OUR SITES OR SERVICE.
If you are, or we suspect that you are, not adhering to the terms of service, or if you are using the service in an illegal or improper manner, with or without notice to you, WE MAY, WITHOUT LIMITING ANY OTHER REMEDIES, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF.
As a result of account termination or limitation, you may lose your account and any user content, together with any benefits, privileges, earned items, and purchased items connected to your use of the service. We are not obligated to provide you with compensation for any of these losses or outcomes.
In addition to our other remedies, we may restrict, suspend, or terminate the service and user accounts or portions thereof; prohibit users from accessing our services and sites, their content, and tools; postpone or remove hosted content; and take legal and technological measures to prevent users from accessing the service if we believe their actions constitute a risk to themselves or others, violate third parties’ intellectual property rights, violate our terms and policies, or act inconsistently. Furthermore, WE MAY SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, UNDER APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION.
We have the right, at any time, to discontinue providing the Service or a specific component of the Service, either permanently or temporarily. In such a scenario, we won’t be obligated to give users any reimbursement, perks, or other compensation in relation to the withdrawn Service components.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE CONSULTEAZE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CONSULTEAZE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE CONSULTEAZE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE CONSULTEAZE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE CONSULTEAZE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CONSULTEAZE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE CONSULTEAZE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE CONSULTEAZE PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Compensation

In the event that any of the following occur (including as a result of your direct activities on the Service or those carried out on your behalf): You (as well as any third party for whom you operate an account or activity on the Service) agree to defend (at our request), indemnify, and hold the Consulteaze Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs.
• (i) your content or how you access or use the service; (ii) your violation of these terms or any alleged violation of them; (iii) your infringement of any third-party rights, such as any rights of publicity, intellectual property, privacy, or confidentiality; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including all regulatory, administrative, and legislative authorities; or (v) any misrepresentation on your part.
You will assist us in the defense of any claim to the extent that we request. In any case where you are liable for indemnification, we reserve the right to take sole defense and control, and you agree not to settle any claim without first obtaining our prior written approval. Despite the aforementioned, you acknowledge and agree that you will bear the whole cost of any defense.

Termination

This Agreement is terminable by us at any moment, for any cause, and with or without notice.

Lack of Waiver and Severability

Any term of these Terms will be deemed severable from these Terms and will not impact the validity and enforceability of any remaining provisions in the event that any provision is found to be unlawful, invalid, or unenforceable for any reason during arbitration or by a court of competent jurisdiction. Any provision of these Terms that we do not enforce or demand strict performance of will not be interpreted as a waiver of such provision or right. No term or condition, or any other term or condition, may be waived in the future or in addition to any other term or condition.

Whole Agreement

You certify that you are authorized to enter into contracts on behalf of any legal entity you are using the Service on behalf of. Any past agreements between you and us are superseded by these Terms, which serve as the entire agreement between you and us and regulate your use of the Service. Without our prior written consent, you will not assign the Terms, assign any rights under them, or assign any responsibilities under them, in whole or in part, whether voluntarily or by operation of law. Any alleged delegation or assignment made by you without our proper prior written authorization will be deemed void. Without your permission, we may assign these Terms or any rights under them. Our successor will be entitled to benefit from and be able to enforce the Terms. The Terms shall not be altered by trade customs or the parties’ prior course of behavior. There are no third-party beneficiary rights granted by these Terms.

Limitations on Territory

The information contained in the Service is not meant to be distributed to or used by any individual or organization in any jurisdiction or nation where doing so would violate any laws or regulations or require us to register with the relevant authorities. At any time and at our sole discretion, we have the right to restrict access to the Service or any portion of it to any individual, group of people, region, or legal system, as well as the quantity of any program, product, service, or other feature we offer.
This Terms of Use was created in US English. The English version of these terms of use takes precedence over any translated versions to the extent that they differ.