Terms of Use

EFFECTIVE DATE:  The effective date of these Terms of Use is January 1, 2014

This website provides information regarding the services, offerings and recruiting practices of Rightpoint Consulting, LLC (“Rightpoint”, “we”, “us”).  Unless otherwise indicated, this website and its contents, including all trademarks, service marks and logos, are the property of Rightpoint or used by permission, and are protected pursuant to U.S. and foreign copyright and trademark laws.  PLEASE READ THESE TERMS OF USE CAREFULLY.  THESE TERMS OF USE REPRESENT A BINDING CONTRACT.  BY USING THIS WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS OF THESE TERMS OF USE.  If you do not agree to be bound by any of these Terms of Use, do not use this website.  By accessing this website, you agree to the following terms and conditions, which govern this website:

  1. This website and the material on this website may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of Rightpoint, except that you are permitted to print or download on a single computer a copy of any of the materials on this website for personal non-commercial use, provided no copyright, trademark or other proprietary notices are removed.  No intellectual property or other rights in or to this website or its contents are transferred to you.
  2. The photographs, artwork and information contained in this site are copyrighted and may not be distributed, modified, reused, reposted, or otherwise used outside the scope of normal web browsing without the express written permission of Rightpoint.
  3. You hereby acknowledge and agree that your relationship with Rightpoint is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Rightpoint does not place Rightpoint in a position of trust or any position that is any different from the position held by members of the general public with regard to the material you submit.  You hereby waive any moral rights (or “droit moral”) you may have in and to any materials that you submit to Rightpoint, even if such material is altered or changed in a manner not agreeable to you.
  4. The information on this website is provided solely for illustrative purposes and does not create any business, contractual or employment relationship.
  5. You may be required to provide personally identifiable information to use and/or access certain portions of the website.  You agree that any information that you provide to Rightpoint will be accurate and that you will make reasonable efforts to keep that information up to date.  Please review Rightpoint’s Privacy Policy, which you also agree to and accept by using this Website, and which is specifically incorporated into these Terms of Use.
  6. You agree that you will:
    1. only use the website as permitted by these Terms of Use and as permitted by law;
    2. not access, or attempt to access, restricted or registration-required portions of the website by any means other than the interface provided by Rightpoint;
    3. not transmit, post, send, upload, distribute, submit or otherwise make available any materials or content that violate any law or that constitute false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparagement of Rightpoint), vulgar, obscene, or pornographic material or material that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Rightpoint in its sole discretion);
    4. not transmit, post, send, upload, distribute, submit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade secret, publicity right, privacy right, copyright or any other intellectual property rights or any other rights of any third party;
    5. not interfere with or disrupt the use and enjoyment of the website by Rightpoint or any third party;
    6. not transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interfere with Rightpoint’s or any third party’s use and enjoyment of the website and any other software, hardware and data;
    7. not impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to Rightpoint, including, without limitation, forging any TCP/IP packet header or any part of the header information in any transmission to the website for any reason;
    8. not transmit, post, send, upload, distribute, submit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
    9. not resell, frame, duplicate, reproduce or otherwise commercially exploit the website without the prior written agreement of Rightpoint; and
    10. not remove, obscure or alter any proprietary rights notices on the website or any material obtained from or through the Website.
  7. The material on this website is provided "as is" and is without warranty of any kind. Rightpoint disclaims all warranties, express or implied, including without limitation, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, with respect to this website and the material on this website. Rightpoint also makes no representations or warranties as to whether the information accessible on this website is accurate, complete or current.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MANY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

  8. To the fullest extent permitted by applicable laws, in no event shall Rightpoint be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by virus, COMMUNICATIONS FAILURES, TAMPERING, HACKING, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character ARISING FROM OR IN ANY WAY RELATED TO THE USE OF THIS WEBSITE OR ANY MATERIAL OR SITES LINKED TO BY THIS WEBSITE, EVEN IF Rightpoint HAs BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ANY WEBSITE OR ANY RELATED INFORMATION OR PROGRAMS.  NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES, OR ANY OF THEM, BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN UNITED STATES DOLLARS ($10.00).  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR HAVE LEGISLATION WHICH RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    BY ACCESSING THE WEBSITE SUBJECT TO THESE TERMS OF USE, I UNDERSTAND THAT I AM WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  9. The posting of any content or material to this website and the creation of a link from this website to any other website are expressly prohibited without the prior written consent of Rightpoint.

  10. Certain features of the website may be subject to a separate written agreement with Rightpoint or a third-party.  You agree that that your use of such features will be in accordance with such written agreement to the extent it differs from these Terms of Use.

  11. The website may contain links to third party websites.  These third party websites may be affiliated with Rightpoint or unaffiliated.  For example, your submission of a resume may automatically direct you to and be conducted on a third party site.  Rightpoint is not responsible for, and you agree that Rightpoint will have no liability to you for, the availability, content or performance of any portion of the Internet including other websites to which the Rightpoint website may be linked or from which a Rightpoint website may be accessed.  Rightpoint does not regularly review materials on websites linked to this website and does not necessarily endorse the materials appearing on any linked websites.

  12. Rightpoint reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Rightpoint deems to be inappropriate or inconsistent with or antithetical to the website, the business of Rightpoint and/or these Terms of Use.

  13. You agree to indemnify and hold harmless Rightpoint, its affiliates, subsidiaries, licensors and assigns, and their respective officers, members, directors, agents and employees from and against any claims, suits, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or in any way related to your use of the website or any materials downloaded, obtained, used or otherwise accessed or acquired through the website: (i) in breach of these Terms of Use or in violation of any law or regulation; (ii) that attempt, commit or result in any actual or alleged infringement, misappropriation or violation of any third party’s rights; and/or (iii) in breach of any agreement between you and any third party.  Rightpoint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Rightpoint.  This indemnification section will survive any termination or expiration of these Terms of Use.

  14. Rightpoint operates the website in the United States.  Information contained on the website may not be appropriate or available for use in other locations, and access to the website from territories where the content of the website may be illegal is prohibited.  If you access the website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable local laws.  These Terms of Use shall be construed and enforced in accordance with the laws of the United States and the State of Illinois, without regard to its conflicts of law principles.  You agree that any lawsuit filed by you with respect to the Terms of Use and/or your use of any Rightpoint website must be filed exclusively in Cook County, State of Illinois, United States of America.

  15. Rightpoint  reserves the right in its sole discretion to modify, alter or otherwise change these Terms of Use and you agree to be bound by such modifications, alterations or changes.  Rightpoint will post any changes here, and any changes will become effective immediately upon being posted unless otherwise indicated in the posted Terms of Use  Your continued use of the website after the posting of any change in the Terms of Use shall constitute your acceptance to be bound by any such changes.  You also agree that the form and nature of Rightpoint’s website may change from time to time without prior notice to you including, without limitation, certain features or functionality no longer being available.

If you have any questions or concerns regarding these Terms of Use, please contact us at info@rightpoint.com  You may also direct inquiries by regular mail to Rightpoint Consulting, LLC, 29 North Wacker Drive, 4th Floor, Chicago, Illinois 60606, or by phone to 312.920.8383.

These Terms of Use and the Privacy Policy are the entire agreement between you and Rightpoint concerning your use of the website and they supersede any prior or contemporaneous written or oral agreements with respect to the subject matter, and may not be amended or modified except as provided herein.