Terms + Conditions

Terms of Use / Agreement

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (REFERENCED HEREIN AS “YOU” OR “USER” OR WITH “YOUR”) AND THE THE SULFUR GROUP, LLC (REFERENCED HEREIN AS “TSG” OR “SULFUR”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITE (WWW.THESULFURGROUP.COM) OR SERVICES PROVIDED BY TSG LOCATED AND/OR DESCRIBED AT PROPOSAL.THESULFURGROUP.COM (REFERENCED HEREIN AS “WEBSITE(S)” OR “SERVICE(S)”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“TOU” OR “AGREEMENT”) AS THEY GOVERN YOUR ACCESS AND USE OF THE SERVICES. TSG IS WILLING TO PROVIDE AND/OR LICENSE THE USE OF SERVICES ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY SERVICES PROVIDED BY SULFUR AND ARE INSTRUCTED TO STOP ANY USE OF SERVICES, EXIT THIS AND ANY OTHER ASSOCIATED WEBSITES, IMMEDIATELY.

1. License Grant. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website or Service conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for Service shall be as determined by TSG in its sole discretion.

2. Restrictions. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of TSG and/or its licensor(s). Moreover, you may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website, (b) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any TSG server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (d) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Website, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or TSG’s systems or networks or any systems or networks connected to the Website, (f) use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to TSG on or through the Website, (h) use the Website or any Forum (as such term is described below) to harvest or collect e-mail addresses or other contact information; or (i) use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact TSG.

3. User Obligations. By downloading, accessing, or using the Website in order to view any information and materials, register or enter into a transaction with or through TSG for any reason, or submit information of any kind, you represent that you are at least eighteen (18) years of age (or the legal age of majority (whichever is greater)) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website, including, without limitation, when you provide information via a Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, TSG reserves the right to terminate immediately your access to and use of the Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. You also acknowledge and agree that use of the Internet and access to the Website is solely at your own risk. While TSG has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, TSG is not responsible for the security of any information transmitted to or from the Website. You must make your own determination as to such issues.

4. Other Terms and Conditions. Additional notices, terms, and conditions may apply to membership, certification, or payment for a program, service, or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Website, TSG shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such membership, donation, payment, subscription, or participation in or use of such program, service, event, or solution.

5. Cancellations & Refunds. In line with providing our customers with the best quality and client experience, we have established a considerate cancellation & refund policy.

Each project is typically divided into milestones. Projects begin with a scope of work document, usually outlined in the proposal. This is done to make sure that both parties have complete understanding of the work required and thus eliminate the potential for project cancellations, reversals, or disputes. As there is time spent to achieve every milestone and complete every module, a refund is not be possible for work already completed. In the event of a project terminated on a mutual basis, the client has control of all completed work and any payment for further development will become void. No previous payment or deposit would be refunded. No payment will be refunded once the client approves mock-up designs and we move into the development phase of the project. There are no partial refunds for projects mid way through a milestone phase.

No cancellations are entertained for services that our marketing team has offered on at a discounted rate. These are confidential, discounted offers and cannot be cancelled. A client may cancel with a notice written 30 days in advance. We do not offer refunds on deposits or payments for projects that are abandoned or lay dormant for more than 30 days.

6. Privacy Policy. You understand, acknowledge, and agree that the operation of certain areas of the Website may require or involve the submission, use, and dissemination of various personally identifiable information. Please see TSG’s Privacy Policy at www.thesulfurgroup.com/privacy for a summary of TSG’s personal identifying information collection and use practices.

7. Proprietary Rights. This TOU provides only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that TSG transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by TSG and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, TSG does not grant any other express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. This Website and its contents are Copyright ©2017 THE SULFUR GROUP and/or its licensors. All rights reserved. TSG also owns a copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. “THE SULFUR GROUP”, “TSG” and all other names, designs, logos, and icons identifying TSG and its programs, events, solutions, and services, including but not limited to the Services, are proprietary trademarks of TSG. Any use of such marks, including, without limitation, domain names, social handles, copywriting, and visual communication, without the express written permission of TSG, is strictly prohibited. Other product, association, organization, and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

8. Feedback and Submissions. TSG welcomes your feedback and suggestions about TSG’s programs or services or with respect to how to improve the Website. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to TSG, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to TSG and enable TSG to use such feedback. In addition, any feedback received through the Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for TSG to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

9. Third-Party Products & Services. TSG, in its sole discretion, may feature and/or post the advertisements of third parties on the Website and/or feature on the Website materials, programs, products, and services provided by third parties. TSG makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Website are solely between you and such third party. Accordingly, TSG expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and you agree that TSG shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Website.

10. Links to Other Web Sites. TSG may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by TSG and are maintained by third parties over which TSG exercises no control. Accordingly, TSG expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

11. Disclaimer. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, TSG MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS WEBSITE OR IN THE MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE AT ANY TIME AND FOR ANY REASON. TSG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. TSG ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE WEBSITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.

12. Limitation of Liability. You expressly absolve and release TSG from any claim of harm resulting from a cause beyond TSG’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TSG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TSG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF TSG FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TSG IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $50 (US), WHICHEVER IS LESS.

13. Governing Law. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and completely performed in the State of California. You agree to the personal jurisdiction by and venue in courts in the State of California and waive any objection to such jurisdiction or venue. Any claim you might have against TSG must be brought within one (1) month after the cause of action arises, or such claim or cause of action is barred. You access the Website on your own volition and are responsible for compliance with all applicable laws with respect to your access and use of the Website. In any legal proceeding brought by TSG, TSG shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which TSG may be entitled.

14. Enforcing Security on the Website. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. TSG reserves the right to view, monitor, and record activity on the Website and any Services provided to you without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. TSG will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, TSG reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt the operation of or access to the Website, or any portion of the Website in order to protect the Website, TSG, or TSG’s business.

15. Injunctive Relief. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to the unauthorized use of TSG proprietary assets, will cause irreparable injury to TSG, such injury would not be quantifiable in monetary damages, and TSG would not have an adequate remedy at law. You, therefore, agree that TSG shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that TSG post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to TSG to enforce any provision of this TOU.

16. Term & Termination. This TOU will take effect (or re-take effect) at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Website or any Service, whichever is earliest. TSG reserves the right at any time for any reason(s) including, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to terminate this agreement for convenience, deny your access to us, Service, or the Website or to any portion thereof in order to protect its name and goodwill, its business, and/or others, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective with or without notice and may impact your membership, good standing, and client status with TSG. You may also terminate this TOU on thirty (30) days advance written notice effective as of the expiration of the notice period but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of Service, deliverables, or the Website will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of Service related materials provided to you and any aspect of the Website in your possession. The provisions concerning TSG’s proprietary rights, feedback and submissions, disclaimers of warranty and liability, admissibility of this TOU, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.

17. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by TSG of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

18. Incorporation by Reference. Use and Service are subject to The Sulfur Group, LLC. Terms of Service effective on the date the proposal or agreement is signed, or payment is received, and are incorporated in full by this reference. Furthermore, the provisions, hyperlinks, and Terms of Agreement posted at https://thesulfurgroup.com/terms-of-service are incorporated, including but not limited to https://thesulfurgroup.com/hosting-agreement-terms-of-service, https://thesulfurgroup.com/master-services-agreement, and https://thesulfurgroup.com/statement-of-support.

19. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and TSG as a result of this TOU or your utilization of the Website. This TOU and TSG’s Privacy Policy represent the entire agreement between you and TSG with respect to use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and TSG with respect to the Website. You may not assign or transfer any rights under this Agreement without the prior written consent of TSG. Please note that TSG reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, TSG may add, modify, or delete any aspect, program, or feature of the Website, but TSG is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Website following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.

Incorporation by Reference

Use and Service are subject to The Sulfur Group, LLC. Terms of Service effective on the date the proposal or agreement is signed, or payment is received, and are incorporated in full by this reference. Furthermore, the provisions, hyperlinks, and Terms of Agreement posted at https://thesulfurgroup.com/terms-of-service and hereby incorporated.