Terms and Conditions - POSTGRESQL-CONSULT

These Terms and Conditions are a legal contract between you and PostgreSql Consult and govern your use of this website and services offered by PostgreSql Consult that include an authorized link to these Terms (the “Site”), all content, including the text, data, information, graphics, logos, photographs, videos and more (“Materials”) that PostgreSql-Consult may make available to you through the Site or other authorized distribution channels, and, unless different terms are present, any products or services made available from PostgreSql Consult through the Site. Unless otherwise specified, all references to “Site” includes Materials and Offerings. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

CHANGES

PostgreSql-Consult reserves the right to modify the Terms of Service at any time and without notice to you. Amendments and modifications shall take effect immediately upon publication on the Website or within a Service. By continuing to use Services after any such modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service each time you use a Service. If you do not agree to any changes in the Terms of Service, you must immediately stop using the Services and Website.

Eligibility

The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

Content
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You must abide by and maintain all copyright notices, information and restrictions on any Content accessed through the Services.

Subject to these Terms of Service, Content is solely for the purpose of using the Services. Reproduction, modification, distribution or storage of any Content for purposes other than use of the Services without our prior written permission is expressly prohibited. You will not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that infringes the rights of any third party.

Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services, including the actions of any sub-users.

You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone’s identification documents or sensitive financial information.

You may not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services; (iii) circumvent, circumvent or attempt to circumvent any measures we may use to prevent or restrict access to the Services; (iv) run any form of automated response or “spam” on the Services; (v) use manual or automated software, devices or other processes to “crawl” or “scrape” any page of the Website; (vi) harvest or scrape any Content from the Services; (vii) use the Services for high-risk activities, including but not limited to operating nuclear facilities, air traffic control, life support systems or any other use where failure of the service could result in death, personal injury or environmental damage; or (viii) take any other action that violates our guidelines and policies.

You may not (directly or indirectly): (i) decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the Services, except to the limited extent that applicable law specifically prohibits such restriction, (ii) modify or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights you receive hereunder. You shall comply with all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, retain and distribute any information that we deem necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues.

The enumeration of violations in this Section of these Terms of Service is not intended to be exclusive, and PostgreSql Consult hereby gives notice that it has and will exercise its authority to take whatever action is necessary, in its sole discretion, to protect the Services from acts that would be contrary to the purposes of this Section of these Terms of Service.

Agreed Use of Allocated Network Resources.

Customers shall not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which they contract with PostgreSql Consult. Customers will use only those Services assigned to them by PostgreSql Consult, and will not use any Services not assigned to them. Customers will not use any mechanism to exceed the amount of resources allocated to them through the Services, or to conceal such activities.

Harmful Code
Customers may not use the Services to distribute, receive communications or data extracted from, or execute any action directed by any type of harmful code, including but not limited to: (i) Trojan horses, (ii) key loggers, (iii) viruses, (iv) malware, or (ix) other actions that PostgreSql Consult reserves the sole right to determine to be malicious in intent.

Email Violations
In addition to being prohibited from performing any illegal act by the CAN-SPAM Act, customers may not send email using the Postrgresql Consult name and contact information, along with following guidelines to include removal links with all emails sent in accordance with the CAN-SPAM Act. Customers are prohibited from taking any action that may result in their IP addresses, or any IP addresses associated with Postrgresql Consult or other subscribers, being placed on the Spamhaus.org blacklist. Postrgresql Consult reserves the sole and absolute right to determine whether an e-mail violation has occurred.

Payment and invoicing
Accepted payment methods
Postrgresql Consult accepts all major credit cards, Paypal, More or Dinner Order. Subscribers who choose to pay with PayPal are strictly limited to one Postrgresql Consult account per PayPal account. Virtual credit cards and gift cards are not normally accepted (due to their historical association with fraud). Other forms of payment can be arranged by contacting Postrgresql Consult at paymentes@postresql-consult.com. Please note that the payment terms presented to you in the process of using or registering for the Paid Services are considered part of this Agreement.

We use payment processors to bill you through a payment account linked to the contracted Services. Payment processing will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. By electing to use the Payment Services, you agree to pay us, through the Payment Processors. You agree to make payment using the Payment Method selected.

Confidentiality
Customer shall keep confidential any confidential information to which it is given access, and shall cooperate with Postrgresql Consult efforts to maintain the confidentiality thereof. Client will not release to third parties or distribute information or documentation that Postrgresql Consult provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other similar materials.

Backup
Postrgresql Consult will endeavor to maintain reasonable backup copies of customer data. Backups will be retained for a minimum of 30 days and may be deleted after that point unless the Customer has made special arrangements for a longer retention window. However, we strongly recommend that the Customer have another redundant and independent means of data backup available for use. Postrgresql Consult liability in the event of data loss shall be limited to the fees paid during the previous month. Postrgresql Consult shall have no further liability for Data that may be lost or unrecoverable. Customer acknowledges that the fees paid reflect the allocation of risk set forth in this agreement and that Postrgresql Consult would not enter into this agreement without these limitations. If you wish to negotiate different backup terms, please contact support@postgresql-consult.com and we will work with you to find a suitable arrangement.

Termination and Access
Postrgresql Consult reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to, as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources. Postrgresql Consult may provide prior notice of intent to terminate the Services to you if such notice does not, in Postrgresql Consult sole discretion, run counter to the purposes and objectives of these Terms of Service. Fees paid hereunder are non-refundable and fees owed to Postrgresql Consult prior to such termination shall be immediately due and payable, including any liabilities you may have incurred prior to termination, including attorneys’ fees for such charges or other liabilities. Upon termination, any and all rights granted to Customer by this Agreement shall immediately terminate, and Customer shall immediately discontinue all use of the Services. If you wish to cancel your contract, you may do so by sending an email to info@postgresql-consult.com. All provisions of these Terms of Service which, by their nature, are required to survive termination shall survive termination, as follows.

Dispute Resolution
Mindful of the high cost of litigation, you and Postrgresql Consult agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or relating to: This Agreement; the Services; the breach, enforcement, interpretation or validity of this Agreement; or any other dispute between you and Postrgresql Consult, the party asserting the Dispute will first attempt in good faith to resolve such Dispute by providing written notice to the other party (by first class or certified mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days to respond or resolve the Dispute. The notice will be sent (1) if to Postrgresql Consult. to: 12194 SW 25TH CT Miramar, FL 33025, or (2) if to you to: your last used billing address or the billing and/or shipping address in your Account information. Both you and Postrgresql Consult agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Contact
You can contact us at:
Postrgresql Consult, P.O. Box 278966, Miramar, FL 33025

By email: info@postgresql-consult.com
By telephone: +1(305)614-4472