A. The Knowledge Advisory Group (hereinafter “KAG”) is engaged in the business of providing consulting services to non-profit organizations.
B. You, the authorized representative of a non-profit organization (hereinafter “You”), desire to engage the consulting services KAG provides.
C. KAG shall provide you with the consulting services subject to the following terms and conditions (the “Terms and Conditions”). These Terms and Conditions are part of the consulting services (“Services”) offered by KAG and purchased by you. These Terms and Conditions incorporate by reference all terms relating to the Services that are provided at The Evaluator is IN(SM).
As part of KAG’s Services, You may ask up to one question per day per membership, Monday through Thursday, excluding Federal Holidays and up to fifteen (15) days of vacation annually (KAG will provide You with reasonable notice prior to any planned vacation days). It shall be in KAG’s discretion as to what constitutes one question, and KAG reserves the right to inform You that your question is outside the scope of the Services. For illustrative purposes only, a run-on question with multiple parts would be outside the scope of the Services.
1.2 Intellectual Property:
In conjunction with KAG offering You the Services, KAG may share with you certain materials protected by copyright law or trademark law. KAG is the exclusive owner of all right, title and interest in all materials provided to You by or on behalf of KAG. KAG hereby grants You a non-assignable, non-exclusive, royalty-free license solely to copy and use the materials for the benefit of Your non-profit organization; You agree not to sell, license, publish, display, distribute, modify or edit the materials provided by KAG. KAG, in its sole discretion, may terminate this license for any or no reason at any time.
THE SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. KAG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY RELATING TO MERCHANTIBILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. KAG CANNOT AND DOES NOT MAKE ANY ASSURANCES REGARDING ANY ADVICE PROVIDED BY KAG TO YOU. KAG DOES NOT GUARANTEE A PARTICULAR RESULT AS IT RELATES TO KAG’S SERVICES. KAG IS NOT RESPONSIBLE FOR ANY MISINTERPRETATION OR MISUNDERSTANDING OF ADVICE PROVIDED BY KAG AS PART OF ITS SERVICES.
1.4 Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY LAW, KAG DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF CLAIMS.
1.5 Governing Law:
These Terms and Conditions are governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms and Conditions by KAG shall be deemed a further or continuing waiver of such provision or any other provision, and KAG’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions represent the entire agreement between You and KAG with respect to the matters described herein and supersedes all previous written or verbal agreements. In all court proceedings brought in connection with the Services provided hereunder, the parties irrevocably consent to exclusive personal jurisdiction by, and venue in, the courts of the County of Henrico, Virginia and the United States District Court for the Eastern District of Virginia, Richmond Division.
BY PAYING FOR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.