TERMS AND CONDITIONS

Introduction

Please review this page carefully. These Terms and Conditions (these “Terms”) constitute a legal contract between you and Al Rafay Consulting, LLC (“Al Rafay Consulting,” “we,” “us” or “our”), and govern your access to and use of the www.alrafayglobal.com website and any and all of its subdomains (collectively, this “Site”), our mobile applications (“Apps”), and all portals, products, goods, services, events, interactive features and other services controlled by us that post a link to these Terms (collectively, “Services”). By using this Site, the Apps or Services, you agree to these Terms. These Terms form a contract between you and Al Rafay Consulting, and if you are using this Site, the Apps or Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms.

All references to “you” or “your” in these Terms mean the person that registers for, accesses or uses this Site, the Apps or Services. If you use or access any Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. Our Services are not intended for those under the age of 16. If you access Services, you represent and warrant that you are at least 16 years of age.

From time to time, Al Rafay Consulting may decide to modify, add or delete portions of these Terms and will post those changes here. If Al Rafay Consulting does so, your continued use of this Site, the Apps or Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site or Apps. In addition, we reserve the right to change and improve the features and functionality of Services at any time, which includes adding, modifying or removing features and functionality of Services, or updating how Services are provided. We further reserve the right to suspend or terminate Services for any reason or at any time.

Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using this Site, the Apps or Services, you indicate that you understand and consent to the collection, use and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options with respect to the collection and sharing of this information depending on the jurisdiction in which you reside.

Additional Terms and Conditions

In connection with your use of this Site, the Apps and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of this Site, the Apps or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site, Apps or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of Services, those rules and guidelines are incorporated by reference into these Terms.

Consent to Electronic Communications

By using this Site, the Apps or Services, you agree that we may communicate with you electronically regarding your use of this Site or Services, and that any notices, agreements, disclosures or other communications that Al Rafay Consulting sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at contact@alrafayconsulting.com to provide an alternate method.

Mobile Messaging and SMS Terms

You may receive notifications from Al Rafay Consulting directly to your mobile device via long codes (10DLC A2P), short codes, or toll free numbers. Where required to do so, we have complied with applicable registration requirements. This type of messaging is used by us to provide alerts, account information, and promotions. To opt into these messages, you may submit a form on our website to receive information. Message frequency may vary (no more than four messages per month), and message and data rates may apply. We are not liable for delayed or undeliverable messages. By opting into this service, you consent to receive mobile text alerts using an automatic dialing system. Please review our Privacy Policy for additional information on our data collection policies and procedures.

To opt out from SMS services, you can text “STOP” to the message from your mobile device, or follow instructions received in the text or SMS message. You will be unsubscribed from the text program. You will receive one SMS that confirms that you have successfully opted out. After that, you will receive no additional messages until you opt in again. To get help at any time, you may email us at contact@alrafayconsulting.com or call us at 630-946-7863.

Third Party Websites

This Site or the Apps may contain links to third party websites that take you outside of this Site and our Services (“Linked Sites”), including social media sites, payment processors, or other software providers. We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies.

Your correspondence or business dealings with, or participation in promotions of advertisers or third parties found on or throughout this Site or the Apps, including, without limitation, with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings, or as the result of the presence of such third parties on this Site or the Apps, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

Prohibited Conduct

You may not access or use, or attempt to access or use this Site, the Apps or Services to take any action that could harm us or any third party; interfere with the operation of this Site, the Apps or Services; or violate any laws. For example, and without limitation, you may not:

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
• Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or services available on or through this Site, the Apps or Services;
• Collect or store personal data about other users of this Site, the Apps or Services, or solicit personal information from any individual without proper rights or the individual’s consent;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, the Apps or Services, or any activity conducted on this Site or as part of Services; or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of this Site or the Apps. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to our or our users’ computers or systems;
• Send or cause to be sent any communication (including email) to other users without their consent (for example, “mailbombs” or “spam”);
• Violate, or encourage any conduct that would violate any applicable law or regulation;
• Engage in fraud or misuse of Services;
• Cause damage, embarrassment or adverse publicity to us; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying this Site, the Apps or Services or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Security

Violating the security of this Site, the Apps or Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. We may suspend or terminate our access to this Site or Services for any or no reason at any time without notice.

Examples of security violations include, without limitation, unauthorized access to or use of data or systems, including any attempt to probe, scan or test the vulnerability of this Site or Services, or to breach security or authentication measures; unauthorized monitoring of data or traffic; interference with service to any user, host or network, including, without limitation, mail bombing, news bombing, or other flooding techniques; deliberate attempts to overload a system; forging any TCP-IP packet header, e-mail header, or part of a message header, except for the authorized use of aliases or anonymous remailers; and using manual or electronic means to avoid any use limitations.

Account Creation

To access and use this Site, the Apps or Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current and complete information during the registration process, and to update such information to keep it accurate, current and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password and/or Account. We, therefore, urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password or Account (or any part thereof), or use of this Site or any App at any time and for any or no reason. We will not be liable to you or any third party for any termination of your access to this Site or the Apps. If your status as a user of this Site or an App is terminated, you will (i) stop using this Site or the App and any information obtained from this Site or the App and (ii) destroy all copies of your Account information and password, and any information obtained from this Site.

Use of Account; Risk of Loss

Al Rafay Consulting reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content in its sole discretion. If you use an Account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of this Site, the Apps and Services. You also represent that you are using your account for a lawful purpose; you may not use your Account or this Site or the Apps or in relation to Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil or criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your Account.

You agree not to access this Site or the Apps by any means other than through a commercially available web browser. You are not permitted to upload material onto this Site or the Apps that you should or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of this Site or the Apps, or our systems and equipment. You may not use this Site, the Apps or Services in a manner that could block access to, impair, damage or otherwise disable any or our servers. You may not attempt to gain unauthorized access to this Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. All materials uploaded are subject to applicable federal, state and international laws.

Submitted Materials

Please note that the transmission of confidential, sensitive, privileged or financial information via email is not secure. Any confidential or personal information requested by Al Rafay Consulting should be submitted securely via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, we do not wish to receive any confidential, proprietary or trade secret information from you via this Site or the Apps (including via contact email or forms made available on this Site or the Apps). You remain fully responsible for the materials or submissions that you provide to us, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques or demos in any media, including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or the Apps or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferrable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send us any Submitted Material, you also warrant that the Submitted Material is not confidential or secret, and that the Submitted Material is owned entirely by you. If you send us any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize us to use Submitted Material as permitted by the license in this section.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to this Site or the Apps or via mentions in social media or third party websites, you also grant us the right to use the name, username or profile that you submit with any review, comment or other content in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

• Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
• Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
• Violates a third party’s right to privacy or publicity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability or other classification;
• Contains epithets or other language or material intended to intimidate or incite violence;
• Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
• Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
• Violates any applicable local, state, national or international law, or advocates illegal activity.

Since we do not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability or quality of the Submitted Material, and we do not endorse the Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will we be liable in any way for Submitted Material made available through this Site, the Apps or social media by you or any third party.

Intellectual Property

This Site contains content that is protected by copyright, trademark, service mark, trade dress, patent, moral right or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media and technologies existing now and developed in the future. Unless otherwise provided in these Terms or otherwise indicated on this Site or the Apps, we or our third party licensors own all Content on this Site or the Apps, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such Content. All trademarks displayed on our Site or the Apps are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with us.

Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, bylines, or other proprietary rights notices. You may provide a link to the top page of this Site or the Apps unless and until we give you notice that you must discontinue linking to this Site or the Apps. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, including the Al Rafay Consulting name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from this Site or the Apps. The use of Content from this Site or the Apps on any other site, including by linking or framing, or in any networked computer environment, for any purpose is prohibited without our prior written approval.

For permission to use Content from this Site or from marketing material authored and distributed by us, you must request written permission in advance and provide full attribution. Permission should be requested by contacting contact@alrafayconsulting.com.

Claims of Infringement

We respect the intellectual property of others and require that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Al Rafay Consulting will disable or remove access to this Site for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Designated Copyright Agent with the following information:

DMCA Notice of Alleged Infringement (“Notice”) requirements:

1. Identify the copyrighted work that you claim has been infringed or, if multiple works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed;
2. Identify the material or link you claim is infringing, and provide a description of where the infringing work is located on this Site;
3. Provide your mailing address, telephone number and, if available, email address;
4. Include both of the following statements in the body of the Notice:
   • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g., fair use);” and
   • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or am authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed;”
5. Provide your full legal name and your electronic or physical signature; and
6. Deliver the Notice with all items completed to Al Rafay Consulting Designated Copyright Agent:
   

   Copyright Agent
   Al Rafay Consulting
   440 W Boughton Rd, Suite 206
   Bolingbrook, Illinois, 60440

While we consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or that activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use), you may wish to seek the advice of an attorney.

Indemnification

You agree to defend, indemnify and hold us and our affiliates, related entities, divisions, subsidiaries or parent companies, and their respective officers, directors, employees, affiliates and agents harmless from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with (i) your use of and access to this Site, the Apps or Services, (ii) your violation of any of these Terms and (iii) your violation of any third party right, including any copyright, trademark, trade secret or privacy right related to your Content (as applicable), use of this Site or the Apps, or any other use of this Site, the Apps or Services using your computer, mobile device or account credentials.

Disclaimers

YOUR USE OF THIS SITE OR THE APPS IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THIS SITE OR THE APPS, OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THIS SITE OR THE APPS, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES (1) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, OR ANY RIGHT OF PRIVACY, (3) RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE, THE APPS OR SERVICES (4) RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS SITE OR OTHERWISE BY US, (5) OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY AND (6) OF TITLE. FURTHER, WE DO NOT WARRANT THAT THIS SITE, THE APPS OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (X) THIS SITE, THE APPS OR CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OR (Y) THIS SITE, THE APPS OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THIS SITE, THE APPS OR EMAILS AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THIS SITE OR THE APPS OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE OR THE APPS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, HOWEVER, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AL RAFAY CONSULTING (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR THE APPS) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; THE USE OR INABILITY TO USE THIS SITE, THE APPS OR SERVICES; OR CONTENT, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF OUR OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THIS SITE, THE APPS OR SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $1000. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SERVICES MUST BEGIN WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE APPS, YOUR SOLE REMEDY IS TO STOP USING THIS SITE OR THE APPS.

Release

If you have a dispute with us or one or more users of Services, you release us and our officers, directors, affiliates, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate these Terms and your access to all or any part of this Site, the Apps, Content or Services at any time and for any or no reason without prior notice or liability. You may terminate these Terms by discontinuing your use of Services and access to this Site and the Apps. We also reserve the right, in our sole discretion, to cease providing this Site, the Apps or Services at any time.

Severability

If any provision of these Terms is held in whole or in part to be invalid, void or unenforceable in any jurisdiction for any reason, the remainder of that provision and of these Terms will be severable and remain in full force and effect.

Applicable Law; Jurisdiction; Venue

These Terms will be governed by the laws of the United States and the State of Illinois, as applicable, without resort to any conflict of law provisions. By using Services, you waive any claims that may arise under the laws of other countries or territories.

Dispute Resolution; Class Action and Jury Trial Waiver

With respect to any and all disputes arising out of or in connection with this Site, the Apps, Services or these Terms (including, without limitation, the Privacy Policy), you and we agree to negotiate first in good faith, and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and we do not resolve any dispute by informal negotiation within 60 days, then either party may, by notice to the other, demand mediation under the supervision of either the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures, or the Better Business Bureau (“BBB”), to take place in DuPage or Cook County, Illinois. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with the agreement of both parties in writing), any unresolved controversy or claim will be resolved by initiating binding arbitration before AAA in accordance with its Commercial Arbitration Rules before a single arbitrator in Chicago, Illinois. The expenses of the mediation or arbitration will be shared equally by the parties unless the proceeding determines that the expenses will be assessed in a different way; and the prevailing party may be awarded its attorneys’ fees and expenses by the mediator or arbitrator. Consistent with the expedited nature of arbitration, prehearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and we understand that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis, and neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that we are entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of these Terms pending a final arbitral decision, and you and we understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Cook County, Illinois, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

General

You may not assign any rights granted to you or delegate any of your duties hereunder, and any attempt to do so is void and of no effect. We may assign our rights and delegate our duties under these Terms in their entirety in connection with a merger, reorganization or sale of all or substantially all of our assets relating to this Terms. Nothing in these Terms constitutes a partnership or joint venture between you and us. We do not guarantee continuous, uninterrupted or secure access to this Site, the Apps or Services, and operation of this Site or the Apps may be interfered with by numerous factors outside of our control. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. The following sections survive any termination or expiration of these Terms: Prohibited Conduct; Security; Use of Account; Risk of Loss; Submitted Materials; Intellectual Property; Indemnification; Disclaimers; Limitation of Liability; Release; Severability; Applicable Law; Jurisdiction; Venue; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was by its nature intended to survive termination of these Terms will so survive.

ADA Compliance Comments and Suggestions

We are committed to making this Site’s content accessible for all. We have coded this Site for web accessibility, which may allow users to control settings for changing contrast and saturation, highlighting links, making text bigger, changing text spacing, pausing animations, hiding images, changing text fonts, and other settings. We hope these tools will make the content on our website more readily accessible to all users. We know that sometimes accessibility links or codes may get broken or not function properly. If you are having difficulty accessing, viewing or navigating the content on this Site, or if you notice any content, feature or functionality that you believe is not fully accessible to people with disabilities, please contact us using the information in the Contact Us section below, with “Website Access” in the subject line, and provide a description of the feature you feel is not fully accessible, or give us a suggestion for improvement. We take all feedback seriously and will consider it as we evaluate ways to accommodate all our customers.

Contact Us

If you have questions about these Terms or Services, you may contact us as follows:

• Al Rafay Consulting
  440 W Boughton Rd, Suite 206
  Bolingbrook, Illinois, 60440
• Email: contact@alrafayconsulting.com
• Contact Phone Number: 630-946-7863