Welcome to Consultorgautrin.com (the “Website”). These Terms of Use (this “Agreement”) are entered into by and between you and Consultor Gautrin LLC (the “Company”, “us”, “we”, or “our”). This Agreement governs your access to and use of the Website and any products, materials, programs, and services provided by or through the Website (collectively, the “Services”). By using the Services, you acknowledge that no specific results are guaranteed, and that certain recordings and materials generated through Sessions may be used for internal and marketing purposes, as described below.
1. Acceptance of this Agreement
1.1 Acceptance Through Using or Accessing the Services
By accessing or using the Services (or by clicking “accept” or “agree” when prompted), you agree to be bound by this Agreement on behalf of yourself or the entity you represent. If you do not agree, you must not use or access the Services and must exit the Website immediately.
1.2 Eligibility Requirements
To use the Services, you must: (i) be at least 18 years of age; (ii) be a resident of the United States or a lawful resident of another country; and (iii) not be a competitor of the Company or use the Services for competitive purposes. By accessing or using the Services, you represent and warrant that you meet these requirements and that you have the right and authority to enter into this Agreement. If you do not, you may not use the Services.
1.3 Changes to this Agreement
We may modify this Agreement at any time, at our sole discretion. Except for changes made for legal or administrative reasons, we will provide reasonable advance notice before changes become effective. Your continued use of the Services following any changes constitutes acceptance of the revised terms.
2. Access to the Services
(a) Changes to Access and Services
We may modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice. We shall not be liable for any loss or damage resulting from unavailability of the Services.
(b) Account Creation
You may be required to create an account and provide accurate, complete, and current information. Information provided will be governed by our Privacy Policy, to which you consent.
(c) Account Responsibilities
You are solely responsible for maintaining the confidentiality of your account and password, and for all activities under your account. You must notify us of any unauthorized access or breach immediately.
(d) Termination of Account
We may suspend or terminate your account at any time, with or without cause, for violation of this Agreement or for any other reason at our discretion.
3. Policy for Using the Services
3.1 Lawful Use Only
You may use the Services only for lawful purposes and in accordance with this Agreement. You may use the Services for business or commercial purposes but not to build or support a competing service.
3.2 Prohibited Activities
You agree not to:
(a) Violate any law or contractual obligation;
(b) Send spam or unsolicited communications;
(c) Impersonate others;
(d) Harm or exploit minors;
(e) Transmit content that violates the Content Standards;
(f) Interfere with other users’ enjoyment of the Services;
(g) Interfere with or disrupt networks or infrastructure;
(h) Scrape, crawl, or systematically copy content without authorization;
(i) Upload viruses or harmful code;
(j) Attempt unauthorized access to systems;
(k) Reverse engineer the Services;
(l) Collect data about other users without consent; or
(m) Assist or attempt any of the foregoing.
3.3 Geographic Restrictions
The Company is based in the United States and primarily serves businesses located in the United States, Mexico, and Latin America. The Services are not intended for jurisdictions where access or use would be illegal or would impose regulatory obligations on the Company. If you access the Services from outside the United States, you do so at your own initiative and are solely responsible for compliance with local laws. We make no representation that the Services are appropriate or available outside the United States.
4. Terms and Conditions of Sale
4.1 Purchasing Process
By placing an order through checkout or invoice, you must provide accurate contact and payment details via a third-party merchant processor.
4.2 Order Submission
Upon submission: (a) a binding contract is formed and you agree to pay all applicable fees, taxes, and charges; (b) if Services require input from you, you agree to provide such input; and (c) you will receive an electronic receipt.
4.3 Prices
All applicable fees, taxes, and charges will be disclosed prior to order submission.
4.4 Methods of Payment
Payments are processed by third-party providers. We do not store credit card data. If payment fails or is refused, we have no obligation to fulfill the order, and any associated fees are your responsibility.
4.5 Retention of Usage Rights
You do not acquire rights to use any purchased Services until full payment is received.
5. Contract Terms
5.1 Subscriptions
Subscriptions provide ongoing or periodic access to Services and begin when payment is received. Your payment method will be charged through the agreed schedule.
5.2 Fixed-Term Subscriptions
Fixed-term subscriptions cannot be canceled early and expire at the end of the specified term unless renewed.
5.3 One-Time Purchases & Payment Plans
Your payment method will be charged according to the payment plan. You remain liable for the full agreed amount until paid in full.
5.4 Automatic Renewal
Subscriptions may renew automatically unless canceled before renewal. Renewal notices will be provided.
5.5 Termination by User
Recurring subscriptions may be terminated at any time by written notice or via available in-account controls.
5.6 Effective Termination Date
Termination takes effect at the end of the current billing period. No prorated refunds are provided.
5.7 Payments and Collections
If payments are not received when due, we may pursue collection and legal action to recover at least ninety percent (90%) of the balance owing. Access may be suspended until payment is restored.
5.8 Program Conduct
Respectful and professional behavior is required in all programs, communities, and calls. We may terminate access for violating community standards without refund.
5.9 Refund Policy for Consulting Services
(a) Programs including digital courses, live coaching, group calls, or implementation support are deemed delivered upon first login or attendance of any live call.
(b) Refunds may be requested within fourteen (14) days of the original purchase date only if:
(i) you have not accessed or completed more than [X] core modules; and
(ii) you have not booked or used any 1:1 implementation or private consulting sessions.
(c) Refunds are not granted for lack of leads, lack of sales, lack of results, failure to implement, or changes in circumstances.
(d) Approved refunds revoke all access immediately and require cessation of use and destruction of downloaded materials.
5.10 No Guarantee of Results
The Company does not guarantee any specific results, including number or quality of leads, appointments, sales, revenue, profit, or ROI. Testimonials and case studies are illustrative only. Your results depend on factors outside the Company’s control, including your offer, pricing, follow-up, sales process, operations, market, and level of implementation.
5.11 Client Responsibilities
You are solely responsible for: (a) providing accurate information, access, and approvals; (b) implementing strategies, tools, and recommendations; (c) managing internal staff and third-party vendors; and (d) compliance with laws governing advertising, privacy, data protection, and industry-specific regulations in your jurisdiction. We shall not be liable for delays, underperformance, or lack of results caused by your failure to meet these responsibilities.
6. Intellectual Property Rights
All intellectual property in the Services, including content, features, and functionality (the “Content”), is owned by the Company or its licensors and is protected under U.S. and international law. During the term of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content for your internal business purposes. You may not copy, modify, distribute, exploit, or use the Content to build a competing product or service.
All trademarks, logos, and service marks are property of their respective owners and may not be used without written consent.
7. User Content
7.1 User-Generated Content
User Content posted through interactive features is non-confidential and at your own risk. You assume all responsibility for such content.
7.2 License to User Content
You grant the Company an irrevocable, worldwide, perpetual, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, distribute, and exploit User Content in connection with the Services and the Company’s business.
7.3 Content Standards
User Content must not violate law, infringe IP rights, defraud, harass, defame, promote illegal acts, contain obscene material, or imply endorsement by the Company.
7.4 Monitoring
We may remove content, disclose information, or terminate access at our discretion. We do not undertake to review User Content.
7.5 Copyright (DMCA)
Copyright concerns may be submitted pursuant to the Digital Millennium Copyright Act (DMCA) to the Company’s designated agent at:
[email protected]
7.6 Feedback
Feedback is non-confidential and may be used without restriction.
7.7 Recordings and Marketing Use
For quality assurance, training, product development, and marketing purposes, the Company may record audio and/or video calls, screen shares, webinars, meetings, workshops, and other interactions (“Session Recordings”), and may collect related materials including chat transcripts, screenshots, work products, and implementation outputs (“Session Materials”).
You grant the Company an irrevocable, worldwide, perpetual, royalty-free, transferable, sublicensable license to use, reproduce, edit, publish, display, distribute, and exploit Session Recordings and Session Materials, in whole or in part, in any media now known or later developed, for internal and commercial purposes including case studies, testimonials, and promotional materials.
Where reasonably practicable, the Company may omit sensitive information, but you acknowledge that your voice, likeness, company name, and logo may appear unless you request anonymization for future use. Requests must be submitted to [email protected] and will apply prospectively only.
All personal data contained in Session Recordings and Session Materials shall be processed in accordance with our Privacy Policy.
8. Assumption of Risk
Information provided through the Services is for general informational and educational purposes only. You assume all risk associated with your use of such information.
9. Privacy
Use of the Services constitutes consent to our Privacy Policy, including the collection, use, and sharing of your information as described therein.
10. Termination
We may suspend or terminate your access to the Services at any time, for any reason, without notice. Upon termination, your license to use the Services ceases immediately. Provisions that by nature should survive termination shall survive.
11. No Warranty
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
11.3 Testimonials and Case Studies
Testimonials and case studies represent exceptional results and are not intended to guarantee that you will achieve the same or similar outcomes. Results vary widely based on individual circumstances and implementation.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, BUSINESS, REVENUE, DATA, OR GOODWILL. YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION IS TO STOP USING THE SERVICES.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims arising from your use of the Services or violation of this Agreement.
14. Disputes
14.1 Governing Law
This Agreement and all disputes arising out of it are governed by the laws of the State of New Mexico, without regard to conflict of laws principles.
14.2 Venue and Arbitration
Any dispute may be brought in state or federal courts located in New Mexico. At the Company’s discretion, disputes may be resolved through binding arbitration under the rules of the American Arbitration Association in Albuquerque, New Mexico. Arbitration shall proceed on an individual basis only. You waive the right to a jury trial or to participate in class actions.
14.3 Limitation Period
ANY CLAIM ARISING OUT OF THIS AGREEMENT MUST BE BROUGHT WITHIN THREE (3) MONTHS OF THE EVENT GIVING RISE TO THE CLAIM OR IT IS PERMANENTLY BARRED.
15. Miscellaneous
15.1 Waiver
Failure to enforce any provision shall not constitute a waiver of that or any other provision.
15.2 Severability
If any provision is found unenforceable, the remainder shall remain in full force.
15.3 Entire Agreement
This Agreement constitutes the entire agreement between the parties relating to the Services.
15.4 Assignment
You may not assign your rights under this Agreement without our written consent. We may assign at any time.
15.5 No Agency
Nothing in this Agreement creates a joint venture, agency, or partnership relationship.
15.6 Export Laws
You agree to comply with all applicable U.S. export laws.
15.7 Language
An unofficial Spanish translation of these Terms may be provided for convenience. In the event of any conflict or inconsistency, the English version shall control.
16. Contact Information
For all communications regarding these Terms:
Email: [email protected]
CONTACTO
DOMICILIO LEGAL (USA):
1209 MOUNTAIN ROAD PL NE, STE R, Albuquerque NM 87110
Telefono +1 (845)547 1099
Correo: [email protected]
CENTRO OPERATIVO (MÉXICO):
CDA Efeso 75 de la Realeza
Hermosillo Sonora 83177
Telefono +52 1 662 227 5789
Correo: [email protected]
LEGAL
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Consultoría Gautrin is a brand name of Consultor Gautrin LLC, registered in New Mexico, USA.
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