Terms and Conditions
Agreement between User and www.kabirconsulting.org
Welcome to www.kabirconsulting.org. The www.kabirconsulting.org website (the "Site") is
comprised of various web pages operated by Kabir Consulting LLC ("Kabir Consulting").
www.kabirconsulting.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
www.kabirconsulting.org constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
www.kabirconsulting.org is an E-Commerce Site.
The purpose of this website is to provide digital communication tools and services to local
businesses, facilitating the capture, nurturing, and conversion of leads into customers. Our platform offers cost-effective advertising solutions and supports businesses in achieving their marketing and customer acquisition objectives.
Privacy
Your use of www.kabirconsulting.org is subject to Kabir Consulting's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting www.kabirconsulting.org or sending emails to Kabir Consulting constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Kabir Consulting does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.kabirconsulting.org
only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. Please contact us at [email protected]
with any questions.
Links to Third Party Sites/Third Party Services
www.kabirconsulting.org may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Kabir Consulting and Kabir Consulting is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Kabir Consulting is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Kabir Consulting of the
site or any association with its operators.
Certain services made available via www.kabirconsulting.org are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.kabirconsulting.org domain, you hereby acknowledge and consent that Kabir Consulting
may share such information and data with any third party with whom Kabir Consulting has a
contractual relationship to provide the requested product, service or functionality on behalf of
www.kabirconsulting.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.kabirconsulting.org strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to Kabir Consulting that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Kabir Consulting or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Kabir Consulting content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Kabir Consulting and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Kabir Consulting or our licensors except as expressly authorized by
these Terms.
International Users
The Service is controlled, operated and administered by Kabir Consulting from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Kabir Consulting Content
accessed through www.kabirconsulting.org in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Kabir Consulting, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Kabir Consulting reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kabir Consulting in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Kabir Consulting agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KABIR CONSULTING LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
KABIR CONSULTING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
KABIR CONSULTING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL KABIR CONSULTING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF KABIR CONSULTING LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Kabir Consulting reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of North Carolina and you
hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction thatdoes not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Kabir Consulting as a result of this agreement or use of the Site. Kabir Consulting's
performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kabir Consulting's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Kabir Consulting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kabir Consulting with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Kabir
Consulting with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Kabir Consulting reserves the right, in its sole discretion, to change the Terms under which
www.kabirconsulting.org is offered. The most current version of the Terms will supersede all
previous versions. Kabir Consulting encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Kabir Consulting welcomes your questions or comments regarding the Terms:
Kabir Consulting LLC
227 Wayah Creek Dr
Fayetteville, North Carolina 28314
Email Address:
Telephone number:
Effective as of September 01, 2023