Welcome to InfoToad Consulting LLC web site! The following terms govern your use
of our web site, www.infotoad.com, or related InfoToad Consulting LLC web sites
(collectively, the “Site”). By using the Site, you are indicating your agreement
You understand and agree that we may modify the Site and the services available
at it without notice, and may discontinue the Site and its services at any time.
continuing to use the Site after we modify these terms, you agree to be bound by
We Respect Your Privacy
Guard Your Password
You must safeguard the user name and password you use to access the Site, and you
are solely responsible for all activities that occur under your user name and password.
You agree not to disclose or share your password with any third party. You authorize
us to assume that any person using the Site with your user name and password either
is you or is authorized to act for you. We will not be liable for any loss or damage
you suffer arising from your failure to adequately safeguard your user name and/or
Your Use of the Site and Site Content
All content appearing on the Site, including without limitation all text, logos,
images, user interfaces, illustrations, photographs, screenshots, icons, trademarks,
computer code and other materials that InfoToad Consulting LLC and its partners
make available on or through the Site (collectively “Site Content”), and the collection,
arrangement and assembly of such Site Content, is the exclusive property of InfoToad
Consulting LLC or its partners. Site Content is protected under copyright, trademark,
trade secret, and other laws of both the United States and foreign countries.
InfoToad Consulting LLC grants you a personal, non-exclusive, limited license to
access and use the Site and Site Content solely for your personal, noncommercial
use. You may not modify the Site or any of the Site Content without our prior written
consent. You may not sell, sublicense, reproduce (in whole or in part), distribute,
display, publicly perform, prepare derivative works based on, copy, distribute,
download, print, re-post or otherwise use the Site or any of the Site Content in
any way for any public or commercial purpose without prior written consent of InfoToad
Consulting LLC or the rights holder. You may not copy or adapt the HTML code that
InfoToad Consulting LLC uses to generate the Site’s pages.
You may not use any of the Site Content on any other web site or in a networked
computer environment for any purpose. You may not use any “deep-link,” “page-scrape,”
“robot,” “spider” or other automatic device, program, algorithm or methodology,
or any equivalent manual process, to access, acquire, copy or monitor any portion
of the Site or Site Content, or in any way circumvent the navigational structure
or presentation of the Site or Site Content, to attempt to obtain any materials,
documents or information through any means not purposely made available through
the Site. You may create a hyperlink to the home page of the Site so long as InfoToad
Consulting LLC believes, in its sole discretion, the link does not portray InfoToad
Consulting LLC or its products or services in a false, misleading or otherwise offensive
manner. You may not use our logo as part of the link without our prior written consent.
In any event, you shall reproduce all our proprietary notices.
Additional Use Restrictions
You agree not to use the Site to: (i) violate any local, state, national or international
law or regulation; (ii) transmit any material that is abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or
racially, ethnically or otherwise objectionable; (iii) transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes or any other form of solicitation; (iv) transmit any material that
contains software viruses or any other computer code, file or program designed to
interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; (v) stalk, harass or harm another individual; (vi)
impersonate any person or entity or otherwise misrepresent your affiliation with
a person or entity; or (vii) interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures, policies, or regulations
of networks connected to the Site.
It is the policy of InfoToad Consulting LLC to respond expeditiously to claims of
copyright infringement. We will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium Copyright
Act and other applicable intellectual property laws, up to and including blocking
or removing the offending content. InfoToad Consulting LLC will terminate access
for Site users who are repeat infringers.
Please direct any notices of claimed copyright infringement to: or the person or
entity at the addresses and telephone number below:
InfoToad Consulting LLC
3111 Camino del Rio North
San Diego, CA 92108
Phone: 1 (877) 488-0566 | Fax: 1 (877) 442-7889
Use of InfoToad Consulting LLC Software
InfoToad Consulting LLC makes certain software products available for download through
the Site. Use of our software is governed by the terms of the applicable License
Agreement. You cannot install any of our software unless you agree to the terms
of its License Agreement. Each License Agreement is available for review on the
The Site may contain links to other web sites or resources. You acknowledge and
agree that InfoToad Consulting LLC is not responsible or liable for (i) the availability
or accuracy of such sites or resources; or (ii) the content, advertising, or products
on or available from such sites or resources. The inclusion of any link on the Site
does not imply that we endorse the linked web site or resource. You use the links
at your own risk.
the Site and Site Content will automatically terminate, you must immediately destroy
any copies you have made of the Site Content, and we may end your authorization
to use the Site.
We may terminate your registration at any time. We would consider terminating your
membership if we reasonably believe, in our sole discretion, that you have violated
“Disclaimer of Warranties,” “Limitation of Liability,” “Exclusions and Limitations,”
“Indemnification,” “Controlling Law and Jurisdiction,” and “General Provisions”
will survive termination of your right to use the Site or of your registration.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK.
INFOTOAD CONSULTING LLC PROVIDES THE SITE AND SITE CONTENT ON AN “AS IS” AND “AS
AVAILABLE” BASIS. INFOTOAD CONSULTING LLC MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS
ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THE SITE AND SITE CONTENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO
NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THE SITE
IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT
TO CHANGE WITHOUT NOTICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING
THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
INFOTOAD CONSULTING LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INFOTOAD CONSULTING LLC OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SITE CONTENT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
(INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, PROFITS OR GOODWILL) ARISING FROM
OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY SUCH OTHER PARTY KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY
FOR INFOTOAD CONSULTING LLC TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING
TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT
IS LIMITED TO $100.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations and disclaimers may not apply to you. To the extent
that InfoToad Consulting LLC may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of such warranty
and the extent of InfoToad Consulting LLC’s liability shall be the minimum permitted
under such applicable law.
You agree to indemnify, defend, and hold harmless InfoToad Consulting LLC, its parents,
subsidiaries, affiliates, officers, directors, employees, consultants and agents
from and against any and all claims, liabilities, damages, losses, costs, expenses
and fees (including reasonable attorneys’ fees) that such parties may incur as a
result of or arising from (i) any information you submit, post, or transmit through
any rights of any other person or entity.
Controlling Law and Jurisdiction
shall be governed by the laws of the State of California as applied to agreements
made, entered into, and performed entirely in California by California residents,
notwithstanding your actual place of residence. All lawsuits arising from or relating
State courts located in San Diego County, California, and you hereby irrevocably
submit to the exclusive personal jurisdiction of such courts for such purpose. You
agree that the Uniform Computer Information Transaction Act (or any statutory implementation
of it) and the United Nations Convention on the International Sale of Goods will
You are responsible for compliance with applicable local laws, keeping in mind that
access to the Site Content may not be legal by certain persons or in certain countries.
prohibited by any applicable law or regulation, such term or provision shall be
deemed to be amended or deleted to conform to such law or regulation, without invalidating
Consulting LLC with respect to your use of the Site, superseding any prior agreements
or negotiations between you and InfoToad Consulting LLC with respect to your use
of the Site. The failure of InfoToad Consulting LLC to exercise or enforce any right
provision. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to your use of the Site or these
only and have no legal or contractual effect.
of Use at any time. Those revisions will be posted on the Site. By using the Site
you agree to be bound by any such revision. Please consult the Site periodically
in order to review those revisions.