TERMS OF USE

Strategen Consulting LLC (“Strategen”) provides its content on strategen.com (the “Site”) subject to the following terms of use (the “Terms”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS SITE, OR ANY OF THE ASSOCIATED PAGES OR MATERIALS.

This Site and its Use

By using or visiting the Site you signify your agreement to these terms and conditions (the "Terms of Use”), and privacy notice, found at and incorporated herein by reference. If you do not agree to any of these Terms or the privacy notice, please do not use the Site.

Strategen reserves the right to change, modify, add or delete portions of these Terms at any time, without prior notice. Please re-review these Terms periodically for changes. Your continued use of the Site will mean that you accept such changes or deletions.

Site

These Terms of Use apply to all users of the Site.

The Site may include links to third-party websites that are not owned or controlled by Strategen. Strategen has no control over and therefore assumes no responsibility for, the content or practices of any third-party websites. Strategen cannot edit or censor the content of any third-party site. By using the Site you expressly relieve Strategen from any and all liability arising from your use of any third-party website. Once you access another site through a link provided by this Site, you are subject to the copyright and licensing restrictions of the new site.

Copyright, Restrictions – General Use of Site

When using this Site you my encounter documents, illustrations, photographs, or other information contributed or licensed by private individuals, companies, or organizations that may be protected by U.S. and foreign copyright laws. Transmission or reproduction of protected items beyond that allowed by fair use as defined in the copyright laws requires the written permission of the copyright owners. Strategen hereby grants you the right to view and use the Site and the Site as set forth in these Terms of Use, provided that:

  1. You shall use the Site for lawful purposes only;

  2. You agree not to alter or modify any part of the Content on the Site or of the Site;

  3. You are of legal age to enter into contracts;

  4. You have full right and power to enter into and perform this agreement;

  5. You agree not to circumvent, disable or otherwise interfere with the security features of the Site.

Disclaimer Warranty

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STRATEGEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. STRATEGEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. STRATEGEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STRATEGEN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

Under no circumstances shall Strategen, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, consequential or punitive damages resulting from any (i) errors, mistakes or inaccuracies in the Content, (ii) any personal injury or property damage resulting from your access and use of the Sites, (iii) any unauthorized access or use of our secure servers and/or any information stored therein, (iv) any interruption or cessation of transmission to or from our Sites, and/or (v) any bugs, viruses or trojan horses which may be transmitted to or through our Sites, whether based on warranty, contract, tort or any other legal theory. This limitation of liability shall apply to the fullest extent possible by law in the applicable jurisdiction.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Strategen, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from: (i) your use of and access to the Site; (ii) any violation by you of any term of these Terms of Use; (iii) any violation by you of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use. You acknowledge that you are familiar with Section 1542 of the Civil Code of the State of California, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

You waive and relinquish any right and benefit which you may have under this Section 1542 and under any similar laws of any other state or territory of the United States or any other jurisdictions to the extent that you lawfully may do so in connection with this agreement.

General

These Terms of Use, including any rights granted hereunder, may not be assigned by you without Strategen’s prior written approval, but may be assigned by Strategen without restriction. These Terms of Use shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Strategen that arises in whole or in part from the Site shall be determined exclusively by a court of competent jurisdiction located in San Francisco, California. These Terms of Use shall constitute the entire agreement between you and Strategen. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Strategen’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any cause of action that arises out of or is in any way related to the Sites must be commenced within one (1) year from when the cause of action accrues or such cause of action is permanently barred.