WHO WE ARE

Our website address is: www.exmconsulting.com, and is owned and operated by EXM Consulting and EXM Systems, LLC (collectively as: us, we, our, owner, company, our website).

HOW WE PROTECT YOUR PRIVACY

This privacy policy tells you how we collect, use, and protect your personal information. By visiting our website, you accept and agree to the terms and conditions of this privacy policy. In particular, you consent to our collection and use of your personal information as described in this privacy policy.

MINORS

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

POLICY IS PART OF OUR TERMS AND CONDITIONS OF USE

Our privacy policy is part of, and subject to, our website’s terms and conditions of use. You may view these terms and conditions on our website.

THE TYPE OF INFORMATION WE COLLECT FROM YOU

Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer’s operating system, and the type of web browser that you are using. Our website automatically records this basic information about you.

And like many other websites, we may use cookies. In plain English, this means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.

We may also collect any data that you provide us by posting it at our website or by e-mail. You can always choose not to provide us with information. However, if you do withhold information, we may deny you access to some or all of our website’s services and features.

Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third-party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.

WHAT WE DO WITH YOUR INFORMATION

We use your information to operate our website’s business activities. For example, we may use this data to contact you about changes to our website, new services, or special offers, resolve disputes, troubleshoot issues, and enforce our website’s terms and conditions.

As a general rule, we will not give your data to third parties without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs.

We may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.

Although we do not disclose individually identifiable information, we may disclose aggregate data about our website’s visitors to advertisers or other third parties for marketing and promotional purposes.

From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you, you will be notified. However, you will never be required to give information to a third party supplier. We restrict the way third party suppliers can use your information. They are not allowed to sell or give your information to others.

USER NAMES AND PASSWORDS

Your access to parts of our website may be protected by a user name and a password. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

YOUR USE OF INFORMATION AND UNSOLICITED JUNK E-MAIL

If you obtain personally identifiable information about another website user, you are not allowed to disclose this information to anyone else without the consent of the user and our consent too.

We hate junk e-mail (Spam). Information you obtain from our website about us or other site users cannot be used by you or others to send unsolicited commercial e-mail or to send unsolicited commercial communications via our website’s posting or other communication systems.

YOUR VOLUNTARY DISCLOSURE OF INFORMATION TO THIRD PARTIES WHO ARE NOT OUR SUPPLIERS

You may choose to provide personal information to website visitors or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your information.

AUTORESPONDERS

We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to the contact form on this website.

POLICY CHANGES

The terms of this policy may change from time to time. If such changes are made, we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, please contact us (by e-mail, using a website contact form, or in writing by mail), and any changes made to this policy will not apply to information we have collected from you prior to making the changes.

If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by sending an e-mail to the contact form on this website and providing us with information relating to your concern.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident and our customer, Cal. Civ. Code § 1798.83 permits you to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. To request this information, please send an e-mail to the contact form on this website

TERMS AND CONDITIONS OF USE

Thank you for visiting our website. If you want to use our website, you must agree to conform to and be legally bound by the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

MINORS

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on our website.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on our website.

COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE TERMS AND CONDITIONS

If there is a Compensation Disclosure Policy on our website, the policy is part of, and subject to, these terms and conditions of use.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to the contact form on this website, and providing us with information relating to your concern.

LICENSEE STATUS

You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

CONTENT OWNERSHIP

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to the contact form on this website.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to the contact form on this website. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to the contact form on this website so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION

You agree to obey all applicable laws while using our website.

You agree that the laws of Texas, USA govern these terms and conditions of use without regard to conflicts of law’s provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Texas, United States of America, and/or at our discretion. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

SUCCESSORS AND ASSIGNS

By visiting our website, you agree that your use of this website shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns, as authorized only by the owner of this website. The owner and/or company may assign any agreement, ownership of information, customer data, personal information, contracts/agreements and any general information that is disclosed by you, including any rights or obligations hereunder without the prior written consent of the owner and/or company. Any information disclosed by you shall become the property of the owner and/or company, and may be transferred to its successors and permitted assigns. The owner and/or company may, at their discretion, assign any or all of its rights under this Agreement to any other third party person or entity to whom such owner and/or company assigns or transfers, and at the sole discretion of the owner and/or company.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to the contact form on this website, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

EXM Consulting
PO Box 341
Argyle, Texas 76226
United States of America

ENTIRE AGREEMENT

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

COMPENSATION DISCLOSURE POLICY

YOU SHOULD ALWAYS CONDUCT YOUR OWN INVESTIGATION (PERFORM DUE DILIGENCE) BEFORE BUYING PRODUCTS OR SERVICES FROM ANYONE VIA THE INTERNET. THIS INCLUDES PRODUCTS AND SERVICES SOLD ON THIS WEBSITE AND ALL OTHER WEBSITES.

MATERIAL CONNECTION

Unless otherwise expressly stated, you should assume that all references to products and services on our website are made because material connections exist between the website’s owner (“Owner) and the providers of the mentioned products and services (“Provider”).

GOOD FAITH RECOMMENDATIONS

The Owner recommends products and services on our website based in part on a good faith belief that the purchase of such products or services will help purchasers in general. The Owner has this good faith belief because (a) the Owner has tried the product or service mentioned prior to recommending it or (b) the Owner has researched the reputation of the Provider and has made the decision to recommend the Provider’s products or services based on the Provider’s history of providing these or other products or services. The representations made by the Owner about products and services reflect the Owner’s honest opinion based upon the facts known to the Owner at the time a product or service is mentioned on this website.

POTENTIAL BIAS AND DUE DILIGENCE

The Owner’s opinion about a product or service may be partially formed (consciously or subconsciously) in part based on the fact that the Owner has been compensated or will be compensated because of the Owner’s business relationships with the Providers.

In some instances, the Owner and a Provider will have a business or personal relationship that does not involve the Owner receiving compensation related to products and services mentioned on this website. However, the nature of the relationship is sufficient to establish a material connection between the Owner and the Provider.

Because there is a material connection between the Owner and Providers of products or services mentioned on this website, you should always assume that the Owner may be biased because of the Owner’s relationship with a Provider and/or because the Owner has received or will receive something of value from a Provider.

Perform your own due diligence before purchasing a product or service mentioned on our website (or any other website).

COMPENSATION

The type of compensation received by the Owner may vary. In some instances, the Owner may receive complimentary products, services, or money from a Provider prior to mentioning the Provider’s products or services on this website.

In other instances, the Owner may receive a monetary commission or non-monetary compensation when you take action based on the content of this website. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on this website.

EARNINGS DISCLAIMERS AND THIS POLICY

If our website has Earnings Disclaimers, this Compensation Disclosure Policy is incorporated into those disclaimers by reference.

YOUR QUESTIONS ABOUT PRODUCTS AND SERVICES

The Owner’s goal is to make your experience using this website a pleasant one. If you have any questions about products or services mentioned on this website, please contact the Owner and have those questions answered prior to making a purchase of such products or services.

Website Owner Contact Information:

EXM Consulting
PO Box 341
Argyle, Texas 76226
United States of America

Please note that the content of this page can change without prior notice.

ANTI-SPAM POLICY

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to the contact form on this website and providing us with information relating to your concern.

You may also mail your concerns to us at the following address:

EXM Consulting
PO Box 341
Argyle, Texas 76226
United States of America

Please note that the content of this page can change without prior notice.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner and/or the ISP.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to:

THE WEBSITE OWNER

EXM Consulting
PO Box 341
Argyle, Texas 76226
United States of America

To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner and/or the ISP. If website owner and/or the ISP receive a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Privacy Policy

TERMS AND CONDITIONS OF USE

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.

ANTI-SPAM POLICY

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE