Welcome To Yelkaye IT Consulting Terms Conditions

Please read these terms and conditions of use carefully before accessing, using, or obtaining any materials, information, products, or services. By accessing the Yelkaye IT Consulting website, mobile or tablet application, or any other feature or other YELKAYE platform (collectively “Our Website”) you agree to be bound by these terms and conditions (“Terms”) and our Privacy Policy.

If you do not accept all these Terms, then you may not use Our Website. In these Terms, “We”, “us”, and YELKAYE IT consulting” refers to YELKAYE IT consulting LLC, and “you” and “your” refer to you, the user of Our Website.

These Terms include an Arbitration clause and waiver of your right to participate in a class action or representative lawsuit.

You may only use Our Website to learn about our services; you may not use Our Website to make any false, fraudulent, or speculative information. By using Our Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

In addition, you agree not to do any of the following without prior express written permission from YELKAYE IT Consulting LLC:

(i) access the site with any manual or automated process for any purpose other than your personal use or for the inclusion of YELKAYE IT Consulting pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited.

(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website.

(iii) deep-link to any portion of Our Website for any purpose.

(iv) use any device, software, or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment.

(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website.

(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us.

(vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law.

(viii) use Our Website to collect or store personal data about others.

(ix) use Our Website for any commercial purpose; or

(x) transmit any ad or promotional materials on Our Website

We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website.

You further agree not to:

• Circumvent, disable, or otherwise interfere with security-related features of Our Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of Our Website or any content on the Website.
• Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity.
• Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance, or regulation.
• Provide false or deceptive information.
• Solicit personal information from anyone.
• Delete, add, or otherwise change other people’s User Content.
• Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.
• Publicly disparage anyone or any User Content.
• Publish or post threats of violence or promote or encourage others to engage in violence or illegal activity.

Notify Us of Infringers

If you believe any of the content on Our Website violates your copyright, please notify us in writing.

In order for us to take action, you must do the following in your notice:
(a) provide your physical or electronic signature;
(b) identify the copyrighted work that you believe is being infringed;
(c) identify the item that you think is infringing your work and include sufficient information, such as a URL or copy of the webpage showing the URL, so that we can find it;”
(d) provide us with a way to contact you, such as your address, telephone number, or email;
(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the services; and
(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Our Liability Is Limited

We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or (b) any injury; death; loss; claim; the act of God; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with: (i) any use of Our Website; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

You Agree to Protect Us

Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees, and agents harmless from and against any claim, cause of action, liability, expense, loss, or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips or the Intellectual Property.

Arbitration and Waiver

You agree that by accepting the Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES COMPANY OR YOU HAS RELATING IN ANY WAY TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY (INCLUDING—WITHOUT LIMITATION—WITH RESPECT TO DATA, YOUR INTERACTION WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE TERMS OF USE, AND PRIVACY POLICY (COLLECTIVELY, “CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW.

If you intend to seek arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Company must be sent to legal@YelkayeITconsulting.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

For arbitration claims that you assert against Company in accordance with this section (but not for any arbitration claim against you), Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its—and you will pay your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.

Links

Our website may contain links to other websites that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.