Terms and Conditions

General Information

These Terms of Use (“Terms” or “Agreement”) govern your use of the Consolidated Solutions Website (the “Site”). Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms and by any amendments in effect at the time of your visit. Consolidated Solutions reserves the right, at any time, to modify, update or amend these Terms, and you agree to be bound by such modifications, updates or amendments.

We encourage you to review these Terms upon each visit to the Site because any changes will be binding on you.

These Terms expressly incorporate by reference and include the Consolidated Solutions Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on the Site.

Intellectual Property Rights

Copyright. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips and video, blog posts, comments to blog posts, all software, manuals and catalogs are the property of Consolidated Solutions or its content suppliers and are protected by U.S. and international copyright laws. Any unauthorized use, including the reproduction, modification, distribution, transmission, republication or display of the content of the Site is strictly prohibited. This Agreement does not confer any license or right under any copyright or trademark of Consolidated Solutions or any third party.

Trademark. All trademarks, logos, emblems, product brand names, service marks and trade names are proprietary to Consolidated Solutions or other respective owners that have granted Consolidated Solutions the right and license to use such trademarks. The unauthorized use of any trademark displayed on the Site is strictly prohibited.

Unsolicited Submissions

Consolidated Solutions does not accept or consider unsolicited Submissions (defined below). It is the intent of these Terms to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by Consolidated Solutions may appear to be similar to your Submission(s). Accordingly, Consolidated Solutions requests that you do not send us any unsolicited Submissions. Consolidated Solutions assumes no responsibility for reviewing such Submissions. Consolidated Solutions will not incur any liability as a result of any similarities between your Submissions and future Consolidated Solutions products or services. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of Consolidated Solutions.

Rules of Acceptable Behavior

Any functions provided on the Site that allows users to submit comments, blog and other posts, text, video content, audio content, photographs, computer code and computer applications (each a “Submission”) are provided for the Site’s users. All Submissions are not under the control of Consolidated Solutions and are not information or opinions of Consolidated Solutions. Consolidated Solutions does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such Submissions. Use of any Submission is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections of the Site to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, recommendation or favoring by Consolidated Solutions. Consolidated Solutions is not responsible for and expressly disclaims all liability for, damages of any kind arising from use of, reference to, or reliance on any Submissions. Consolidated Solutions makes no guarantees or warranties with respect to Submissions, including but not limited to, any express or implied warranties of merchantability or fitness for a particular use or purpose. Display of any Submission does not constitute approval or endorsement by Consolidated Solutions. You shall not upload to, distribute or otherwise publish through the Site any content that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violates any law, including but not limited to criminal, trademark, trade secret, and copyright law. You shall not post Submissions that encourage or promote illegal activity, Submissions that discuss illegal activities with the intent to commit them, or Submissions that may give rise to civil or criminal liability in any way, or that violate federal, state, or local laws. You shall not post Submissions containing spam, commercial or advertising content. You shall not post Submissions containing links to any site that violates any section of these Terms of Use. You shall not in any manner impersonate anyone else or misrepresent your true identity. You should not post any Submissions that contain private information, nor should you assume that postings are completely anonymous.

By posting Submissions, you automatically grant, or warrant that the owner of such content has expressly granted Consolidated Solutions the royalty-free, worldwide, perpetual, irrevocable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt (including, without limitation, the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, transmit, excerpt, host, index, cache, tag, encode, create derivative works from, distribute, perform and publicly display such content in an electronic environment in any form or media now known or hereinafter developed, any Submission(s) posted by you on or to the Site. This means that anything submitted by you to Consolidated Solutions may be used by Consolidated Solutions for any purpose, now or in the future, without any payment to, or further authorization by, you. By making a Submission, you are consenting to its display on the Site and for related online and offline promotional sites.

You are solely responsible for the content of your Submissions. You agree that Consolidated Solutions has the right to edit, remove, move, modify or delete any Submissions for any reason whatsoever, or for no reason at all. Consolidated Solutions reserves the right to filter from the Site all Submissions from individuals who display persistent behavior contrary to the Terms of Use governing use of the Site. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Depending on the nature of the violation, Consolidated Solutions shall have the sole discretion to terminate your access to the Site. Please be advised that Consolidated Solutions will fully cooperate with any law enforcement authorities or court order requesting or directing Consolidated Solutions to disclose personal information (in accordance with the Privacy Policy of the Site) of anyone whose Submission(s) violates the foregoing terms. In order to post any Submissions, you may be required to provide accurate and complete personal information consisting of your name and email address, which shall be collected pursuant to the Privacy Policy.

Digital Millennium Copyright Act Compliance Policy

It is our policy to promptly respond to claims of copyright infringement. If you believe that
an infringing copyrighted work is accessible on the Site, you may notify us by sending the following
information to the address listed below:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
A statement that this person is authorized to act on behalf of the copyright owner;
A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner’s agent or by law;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site; and
Your address, telephone number and e-mail address.

Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to:

Wallace J. Lanci, Esq.
Consolidated Solutions
1614 East 40th Street
Cleveland, Ohio 44103
216.881.9191

We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.

Disclaimer of Warranties

THE SITE, ALL CONTENT AND PRODUCTS ARE PROVIDED “AS IS”. EXCEPT AS OTHERWISE STATED HEREIN OR OTHERWISE PROVIDED TO YOU AT TIME OF PURCHASE, CONSOLIDATED SOLUTIONS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY SERVICES, CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SOFTWARE OBTAINED THROUGH THE SITE. CONSOLIDATED SOLUTIONS MAKES NO WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR-FREE, OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. CONSOLIDATED SOLUTIONS FURTHER DISCLAIMS ANY WARRANTY THAT THE INFORMATION OR RESULTS OBTAINED THROUGH USE OF THE APPLICATIONS OR SERVICES IS ACCURATE OR TIMELY, OR THAT RESULTS OBTAINED THROUGH THE USE OF THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE WILL MEET YOUR NEEDS. USE OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE AND RELIANCE UPON SUCH INFORMATION OR RESULTS OR SERVICES WILL BE AT YOUR OWN RISK.

Disclaimer of Liabilities

CONSOLIDATED SOLUTIONS SHALL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SITE, PURCHASE OR USE ANY OF THE SERVICES, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR INFORMATION PROVIDED BY CONSOLIDATED SOLUTIONS OR ANY THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF CONSOLIDATED SOLUTIONS HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL CONSOLIDATED SOLUTIONS’ LIABILITY TO YOU EXCEED THE PURCHASE PRICE FOR THE PRODUCT OR SERVICES GIVING RISE TO A CLAIM OR LIABILITY.

Indemnification

You hereby agree to indemnify, defend and hold Consolidated Solutions and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or otherwise arising from your Submissions and/or use of the Site, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Consolidated Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

Consolidated Solutions may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, or no reason, whatsoever.

Export of Information

The United States Export Controls laws prohibit the export of certain technical data and software to certain territories. No content or software from the Site may be downloaded or otherwise exported in violation of United States law.

Jurisdiction and Applicable Law

This Agreement will be governed by and construed under the laws of the state of Ohio, without regard to its conflicts of law principles and, to the extent applicable, the federal laws of the United States. You hereby submit to and agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Ohio state courts and U.S. federal courts located in Ohio.