Website Terms and Conditions (Terms of Use)

These Terms & Conditions were last modified on July 21, 2021.

Cain Consulting Services LLC (the "Company") welcomes you to https://next-step-action.com and https://www.quantumleadership.us ("the Website"), and any other websites operated by the Company, including but not limited to:

https://www.quantumleadership.us

https://next-step-action.com

https://next-step-career.com

VISITORS TO OUR WEBSITE MAY HAVE ACCESS TO WEBSITE CONTENT SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE GOVERNING YOUR USE OF THE WEBSITE AND ANY TRANSACTIONS THAT ARE INITIATED THROUGH THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF USE. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ ALL INFORMATION CAREFULLY. 

In these terms and conditions, “we/us/our” means Cain Consulting Services LLC. The “Website” means the website located at https://next-step-action.com (or any subsequent URL which may replace it) and all associated websites and micro sites of any Cain Consulting Services LLC owned website. "You/your” means you as a user of the Website.

By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound be these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of the terms contained herein, then please do not use or access the Website.

 

Introduction

1) BINDING EFFECT

This is a binding agreement between you and ’Cain Consulting Services LLC’ (”us”, ”we”, ”Company”). By using the Internet site located at ’https://next-step-action.com’ (the ”Site”), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.

2) PRIVACY POLICY

We respect your privacy and are committed to protecting it through our compliance with this our Privacy Policy. Our privacy policy is expressly incorporated into this Agreement by this reference.

This policy describes the types of information we may collect from you or that you may provide when you visit this Website and our practices for collecting, using, maintaining, protecting, and disclosing that information. This page also informs regarding the choices you have associated with that collected data.

Please review our Privacy Policy to understand our privacy practices.

3) PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Notice for California Residents supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.

4) CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and all Content available at or through the Website.

5) MINIMUM AGE.

You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement from a legal perspective.

6) SIGNUPS, MAILINGS, COMMUNICATIONS, ACCESS

You have the option, but not obligation, to sign up and receive information (an e-book or other download, e-newsletter, promos, bonus materials, etc.) from us.

Should you choose to sign up for information, you are agreeing to receive further emailings from us that may be of a commercial nature. You may unsubscribe from our list at any time via any email we send.

Any user who voluntarily signs up for more information, or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service or program.

We provide Visitors and Registered Users with access to the Services as described:

Visitors

Visitors are those who visit the Website but do not register with us. No login or personal information is required of Visitors. Visitors can view all publicly available content on the Website and also contact us by email

Registered Users

Registered Users can access all publicly available content on the Website, contact us by email, and upon registration for an e-book download, e-newsletter, product, service or program, may also gain access to exclusive content hosted as part of this Website .

The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.

7) EMAIL COMMUNICATIONS

When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.

8) USER CONTENT

By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (”User Content”) to the site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

9) INAPPROPRIATE CONTENT

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:

(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening;

(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;

(c) advertises or otherwise solicits funds or is a solicitation for goods or services; or

(d) provides medical advice to other users.

The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

10) UNITED STATES USE ONLY

The Site is controlled and operated by Company from its offices in the State of Texas. The domain of the website is registered in the United States and the Site is hosted in the United States.

The intended audience for this site consists of individuals in the United States only.

Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.

Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Texas and the United States.

11) COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS / RESTRICTIONS ON USE 

When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.

The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may access via the DMCA link here or at the bottom of the web page.

Use of software

Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, ”Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. Unauthorized use of the Content may violate copyright, trademark and other applicable laws.

Registered Users who have purchased any product, service or program will be provided access to view the Content contained in such purchased product, service or program for their own personal, non-commercial use. Other than as set forth in this section, you have no other rights in or to the Content (other than your own Registered User-Generated Content that you post to the Website, where applicable), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of the Company.

The Company retains all right, title and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially exploit or create derivative works of such material and content, nor to help or assist third parties in doing the same. You are also prohibited from posting any portion of the Content in either print or digital format, included on any other website, social media page, or in a networked computer environment for any purpose. The Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits us or anyone else.

You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

You agree that in the event that you have any right, claim or action against any User arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

12) COMPLIANCE WITH APPLICABLE LAW

The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.

13) GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed by the laws of Texas and the United States, without reference to rules regarding conflicts of law.

This Site is intended for use by individuals based in the United States of America.

This Agreement and any action related thereto will be governed by the laws of the State of Texas.

14) CONTENT LINKED TO THE WEBSITE / AFFILIATED SITES

We have no control over and no liability for any third party websites or materials.

We work with a number of partners whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties.

You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15) AFFILIATE LINKS & COMPENSATION DISCLOSURE

We may occasionally enter into affiliate relationships with third parties and from time to time provide links to third-party services or products on our Website and in our email marketing. We receive compensation through these affiliate relationships, including when our Users purchase services or products via such links.

We provide disclosures when sending or posting such information as an affiliate. If we are providing a review or rating of a third party’s service or product and receive payment for such review or rating, we disclose that information when sharing our review or rating.

16) CHANGES TO THE WEBSITE / CHANGES TO TERMS

We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you. You agree that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

We may alter these terms and conditions from time to time, and your continued use of the Website (or any part of it), following such change shall be deemed to be your acceptance of such change. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

Should Company seek to make such an amendment, which we determine is material in our sole discretion, we shall:

(a) Provide you notice by email of said change 15 days prior to the change going into force, and
(b) Publish on the home page the fact an amendment will be made.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.

17) INDEMNIFICATION

You agree to indemnify us for certain of your acts and omissions.

You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

You shall not settle any third-party claim or waive any defense without our prior written consent.

18) PROHIBITED USES

We impose certain restrictions on your permissible use of the Site.

You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation,

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or instituting a ”DDOS” attack on the Site;

(d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or

(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

19) DISCLAIMER OF WARRANTIES

We hereby disclaim all warranties. We are making the site available "as is" without warranty of any kind.

You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, we expressly disclaim any and all warranties, express or implied, regarding the site, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  We do not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

20) LIABILITY LIMITATIONS

Our liability to you is limited. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foresee-ability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to You by the Company.

This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

21) SEVERABILITY | WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

22) NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

23) COPYRIGHT

All contents of Site or Service are: Copyright © 2019 - 2021 by Cain Consulting Services LLC.  All Rights Reserved.