Terms and
Conditions

TERMS AND CONDITIONS OF USE

Welcome to our website, www.ironfistconsultants.com (the “Website”). This Website is maintained by Iron Fist Consultants, LLP (“Iron Fist”) as a service to our customers. By accessing this Website, you agree to comply with and be bound by the following Terms and Conditions of Use and all applicable law. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not access or use this Website. For the avoidance of doubt, any reference herein to “you”, “your” or such other similar pronoun, will reference the client or proposed client, and for the avoidance of doubt, also the client’s or proposed client’s employees or agents who have received access to utilize the Website or the content thereon from Iron Fist.

  1. Agreement. This Term and Conditions of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of the Website and describe the terms and conditions applicable to your access of and use of the Website. This Agreement may be modified at any time by Iron Fist upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.ironfistconsultants.com/terms-and-conditions/. You agree, from time to time, to review this Agreement, and that each access or use of this Website by you shall constitute and be deemed your unconditional acceptance of this Agreement.
  2. Privacy. Your visit to our Website is also governed by our Privacy Policy. Privacy terms are governed by the Privacy Policy. Please review our Privacy Policy at www.ironfistconsultants.com/privacy-policy/.
  3. Ownership. All content included on this Website is and shall continue to be the property of Iron Fist or its content suppliers, as applicable, and is protected under applicable copyright, patent, trademark, trade secret, and other proprietary rights and all applicable laws. Any copying, redistribution, use or publication by or through you of any such content, intellectual property or any part of the Website is prohibited, except as expressly permitted in this Agreement or as further agreed to in writing by Iron Fist. Under no circumstances will you acquire any ownership rights or other interest in any content or intellectual property by or through your use of this Website.
  4. Intended Audience. This Website is intended for the use of and by Iron Fist’s contractual clients and their respective employees and agents who have each first been individually approved by Iron Fist to access the Website, and where applicable for prospective clients of Iron Fist.
  5. Intellectual Property. All intellectual property, trademarks, service marks, logos, trade names, trade secrets, and representations of trade dress of Iron Fist used herein are marks or registered trademarks of Iron Fist and may not be used without the prior written permission of Iron Fist. Other product and company names mentioned on this Website may be trademarks of their respective owners, but in all instances, all intellectual property contained herein is the sole property of Iron Fist and/or a third-party licensor of Iron Fist.
  6. Website Use. Iron Fist grants you a limited, revocable, nonexclusive license to use this Website solely for your respective business use, as intended, and where applicable, as contractually agreed to, by Iron Fist, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials or content on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of this Agreement, any applicable Agreement between Iron Fist and a client, or any applicable law. The access to and use of this Website is at the discretion of Iron Fist and Iron Fist may terminate your access and use of this Website at any time. Any links to third-party websites which are made available on the Website are for your consideration, and you acknowledge and agree that you access and utilize such links at your own risk and discretion. Please note, if any third-party links are accessed or utilized, that such third-party sites are likely to contain their own terms of use, privacy policies, and other controlling documentation.
  7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  8. Indemnification. You agree to indemnify, defend, and hold Iron Fist and our partners, members, managers, executives, employees, agents, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
  9. Disclaimer. THE INFORMATION, CONTENT, OR MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Iron Fist DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Iron Fist DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR MATERIALS ON THE WEBSITE. Iron Fist DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF ALL OR PARTS OF THE WEBSITE WILL BE UNITERUPTED OR ERROR FREE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES, HACKERS, OR OTHER ITEMS OR EXPERIENCES WHICH MAY BE HARMFUL OR CAUSE DAMAGE TO OR DESTRUCTION OF THE HARDWARE USED TO ACCESS THE WEBSITE, OR LOSS OF YOUR PERSONAL INFORMATION. Iron Fist DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY AND ALL USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR THE USE OF THE WEBSITE AND ANY LINKED SITES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
  10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Iron Fist BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR USAGE OF THE WEBSITE, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF THE WEBSITE, COMPUTER VIRUS OR THE LIKE, OR THE CONTENT OR MATERIALS LOCATED ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  1. Use of Information. Iron Fist reserves the right, and you authorize us, to use and assign all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy, including but not limited to comments, information, designs, ideas, or other content posted by you to the Website.
  2. User Produced Content. You acknowledge and agree that if at any time in the future, users of the Website become permitted, from time to time to post content, comments, reviews, opinions or the like to public forums located on the Website, that Iron Fist shall not be responsible for such user produced content. Although Iron Fist will attempt to review user produced content and delete content which is unlawful, threatening, defamatory, or the like, Iron Fist cannot guaranty that such material will be removed in a timely fashion. You further acknowledge and agree that Iron Fist does not support, agree with, perpetuate, or wish to advance such inappropriate user produced comments, and that Iron Fist shall at all times have the right to delete or amend such comments as it sees fit, but at no time shall be required to do so, or to respond to such comments in any way. Posting such inappropriate, threatening, or illegal content is at all times grounds for Iron Fist to restrict or terminate your access to and use of the Website.
  3. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Website, Monk Law Firm, PLLC, which can be reached as follows:

Monk Law Firm, PLLC
Attn: Simon O’Brien
1701 First Baxter Crossing, Suite 101
Fort Mill, South Carolina, 29708

  1. Applicable Law. You agree that the laws of the State of North Carolina, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Iron Fist or its affiliates.
  2. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  3. Waiver. The failure of Iron Fist to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement, or any portion thereof or term contained herein, by Iron Fist must be in writing and signed by an authorized representative of Iron Fist.
  4. Termination. Iron Fist may terminate this Agreement or take down the Website at any time, with or without notice, for any reason.
  5. Relationship of the Parties. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  6. Entire Agreement. This Terms and Conditions of Use constitutes the entire agreement between you and Iron Fist and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Iron Fist with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. Iron Fist may revise this Terms and Conditions of Use at any time by updating this Agreement and posting it on the Website.  Accordingly, you should visit the Website and review the Terms and Conditions of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms and Conditions of Use signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions of Use. The foregoing notwithstanding, in the event you have entered into a Consulting Agreement with Iron Fist, and the terms therein contradict any term contained in this Agreement, you and Iron Fist acknowledge and agree that those terms contained in the Consulting Agreement will be deemed to control.
  7. Contact Information.

Iron Fist Consultants, LLP
13023 Union Square Drive
Huntersville, North Carolina 28078
Email: Stan@ironfistmc.com
Telephone: (704)787-4736