A. Agreement: The Consus Group LLC ("The Consus Group," "TCG," or "we")
provides—both on this website and otherwise—public content (“Public Content”) and
private content for subscribers or clients only ("Subscriber Content" and together
"Agreement") govern your use of this website and any Content.
B. Modification: The Consus Group reserves the right to change or modify all or
part of this agreement at any time, effective immediately upon publication on this
C. Acceptance: Your use of this website and any Content constitutes your
binding acceptance of these terms and conditions, including any published changes
or modifications made by The Consus Group. If at any time the terms and conditions
of this agreement are no longer acceptable to you, you should immediately cease
such terms will be displayed in connection with the applicable services and are
incorporated into these terms by reference.
A. Copyright: The Content is the property of The Consus Group or its licensors,
and is protected by copyright and other intellectual property laws. Any print-outs
using or referencing Content will contain the following copyright notice:
“Copyright © 2015 The Consus Group LLC” along with The Consus Group’s logo that
B. Restrictions: You agree not to reproduce, retransmit, photocopy, distribute,
disseminate, sell, publish, broadcast, or circulate Content to anyone without the
express prior written consent of The Consus Group. You may use Content within your
company, but copying and distributing Content to third parties from the Service is
forbidden. You are prohibited from using or permitting the use of the Content:
- To prepare an original database or a comparison to other databases that
are sold, rented, published, or furnished in any manner to a third party;
- For the purpose of compiling, enhancing, verifying, supplementing, adding to,
or deleting from any mailing list, business directory, or other compilation of
information that is sold, rented, published or furnished in any manner to a third
- In connection with any individual credit, employment, or insurance
C. Monitoring: The Consus Group reserves the right to monitor your use of the
Content to ensure compliance with this Agreement. If The Consus Group, in its
discretion, determines you are not in compliance with this Agreement, The Consus
Group reserves the right to take such action as it deems necessary, including, but
not limited to:
- Assessing additional charges for users in excess of the number
- Suspension of the account; or
- Termination of the account.
Such monitoring may include determining whether or not the Content is accessed
under the account from multiple IP addresses, as well as noting excessive use or
users. Systematic access or excessive extraction of content from the Service,
including, without limitation, the use of “bots” or “spiders”, is prohibited. The
Consus Group does not disclose any information regarding its proprietary
monitoring methods or policies.
A. Limited License: Subscribers are granted a non-exclusive, non-concurrent,
non-transferable, limited license to access the Subscriber Content. The Subscriber
Content is available only for the designated user identified in an order and may
not be shared with other non-designated persons or entities. The user is
responsible for the confidentiality and use of the user’s name and personal
password. The user’s responsibility extends to all activity and use under the user
name and password.
B. Reasonable Usage: Subscribers are limited to reasonable usage. This
reasonable usage restriction is intended to protect The Consus Group’s
intellectual property, not to restrict legitimate use of our website.
C. Special Reports: Subscribers do not receive access to The Consus Group’s
special reports (e.g., Private Equity Fees).
D. Cancellations: Subscriptions must be canceled no later than 10 business days
preceding the subscription’s renewal date. The Consus Group does not offer refunds
for inadvertent subscription renewals. Users who do not wish to utilize automatic
subscription renewals should select a site pass rather than a renewing
subscription. Users may cancel subscriptions without refund through The Consus
Group’s website. Access to Subscriber Content may be restricted at any time
following an indication of intent to cancel (through email, completion of online
form, or otherwise).
E. Agreement: By clicking the “Subscribe” button and purchasing a subscription,
customers indicate they have:
The Consus Group does not provide any services for customers who do not agree
IV. Passwords And Security
You will at all times maintain the confidentiality of your user names and
passwords. Corporations, partnerships or other legal entities are responsible for
all activity and all charges by their employees. If there is a breach of security
through your account, you must immediately change your password and Notify Us. You
will be liable for any unauthorized use of our services until you notify us of the
V. Accurate And Complete Information
You will provide to The Consus Group only true, accurate, current and complete
information, and will update that information to keep it true, accurate, current
and complete. The Consus Group, its agents, suppliers, and subcontractors have the
right to recover from you any costs or losses incurred as a direct or indirect
result of the inaccurate or incomplete information.
A. Previews: The Consus Group provides previews of certain documents. The
previews may reflect any part of a given document and will accurately reflect the
text of the portion of the document reproduced. Formatting in a preview may be
different from the full document. The Consus Group may redact the names of
parties, dates or other similar information from a preview. The lengths of
previews vary by document.
B. Redactions: Many of the documents offered by The Consus Group are publicly
disclosed documents. Some of these documents have been redacted by the disclosing
company. Portions of such documents, typically financial and other sensitive
information, have been removed. The Consus Group does not offer refunds for
purchases of redacted or otherwise incomplete documents.
VII. Fees And Purchases
A. Currency: The Consus Group will charge you fees in accordance with our
subscription policies or as otherwise indicated for your purchase. Unless
otherwise stated, all fees are in U.S. Dollars. If your subscription is scheduled
for renewal but your credit card has expired, for your convenience, we will try to
process your renewal with a future expiration date.
B. Refunds: The Consus Group offers licenses to digital goods for which there
cannot be a meaningful return. Accordingly, The Consus Group does not issue
refunds after emailing content or site access information (e.g., password
information for a subscription).
C. Late Charges: The Consus Group assesses an additional 1.5% (or the highest
amount allowed by law) per month late charge for amounts past due. That amount is
due immediately. You will be responsible for any fees—including attorneys’ fees
and collection fees—that TCG may incur in the collection process.
D. Special Offers: The Consus Group may offer special purchasing terms, for
example, without limitation, coupons, document suites, subscriptions, or site
passes (collectively “Special Offers”). To be eligible for a Special Offer, a
purchase must be effected through the applicable purchase mechanism. For example,
a document suite must be purchased through the purchasing link specifically
applicable to that document suite. If documents are purchased without using the
applicable link for the Special Offer, the purchase will not be eligible for the
terms of the Special Offer. The Consus Group does not refund the incremental
difference between the price of a Special Offer and the normal price.
E. Substitutions: The Consus Group does not allow substitutions. All purchases
are final. You should carefully examine previews, where available, before making
F. Document Suites: The Consus Group may make Special Offers allowing the
purchase of multiple documents for a fixed price (a “Suite”).
- If you purchase a Suite, you must select all documents for the Suite at
one time in accordance with the instructions issued by The Consus Group.
- A Suite purchase will be deemed fulfilled and complete the first time a
document is specified, even if the purchased Suite would have allowed the
selection of additional documents or if redundant documents are specified.
- You should not purchase a Suite unless you have previously identified the
documents you wish to purchase. The Consus Group does not issue refunds to
customers unable to locate appropriate documents.
- The customer’s document choices are final. After the Suite is fulfilled, no
substitutions are permitted.
VIII. Disclaimer; Liability Limit
A. Content of The Consus Group is gathered from sources believed to be
reliable, but in any case The Consus Group does not warrant or guarantee the
timeliness, sequence, accuracy or completeness of the information presented by
this service. There are no warranties, express or implied, as to the results to be
obtained from use of such information. All Content is provided “as is” without
warranties of any kind. Content may change without notice. Content does not
constitute investment or legal advice. Neither The Consus Group nor its suppliers
will be liable for:
- Any loss of business, profits or goodwill, loss of use or data,
interruption of business or for any indirect, special, incidental or consequential
damages of any character, (however arising, including negligence) arising out of
or in connection with this Agreement even if The Consus Group or its supplier is
aware of the possibility of such damages;
- Any damages that result in any way from your use or inability to use The
Consus Group services, or that result from errors or code (including viruses,
Trojan horses or other similar code), defects, omissions, delays in operation or
transmission, or any other failure of performance of The Consus Group.
- OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO
US IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B)
B. Some states do not allow exclusion of implied warranties or limitation of
liability for incidental or consequential damages. In such states, The Consus
Group’s liability will be limited to the greatest extent permitted by law.
C. Information on this site or provided by The Consus Group pursuant to its
services or otherwise does not constitute legal advice. The use of this website or
purchase of The Consus Group’s services does not create an attorney-client
relationship of any sort. Communication in this manner may not be considered as
privileged or confidential. Individuals requiring legal assistance should engage a
qualified attorney, licensed to practice law in the particular state or
jurisdiction where the legal issues have arisen.
You agree to defend, indemnify, and hold harmless, The Consus Group, its
affiliates, and their respective directors, officers, employees, and agents from
and against all claims and expenses, including attorney’s fees, arising from your
use of this website. The Consus Group reserves the right, at your expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with The Consus
Group’s defense of such claim.
X. Links To Third Party Sites
The Consus Group is not responsible for the information contained on any sites
linked to this site. These links are provided solely as an information
XI. Termination Of Service
The Consus Group reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to this website at any time for any reason
without prior notice or liability. The Consus Group may change, suspend, or
discontinue any Content without prior notice or liability. The Consus Group
reserves the right to refuse service to anyone.
A. Third Party Services: The Consus Group services rely in part on the proper
functioning and interaction of third party websites, services and software with
The Consus Group website and software. Failure of, or changes to, or misconduct by
such third parties or their websites, services or software may affect our
provision of services. The Consus Group is not liable for any third party actions
B. Notices: Except as explicitly stated otherwise, any notices will be given by
email to Contact Us (in the case of The Consus Group) or to the email address you
provide to The Consus Group during the registration process (in your case), or
such other address as the party will specify. Notice will be deemed given 24 hours
after email is sent, unless the sending party is notified that the email address
is invalid. Alternatively, we may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided to The Consus Group
during the registration process. In such case, notice will be deemed given 3 days
after the date of mailing.
C. Governing Law: California law will govern this Agreement, except for the
body of law relating to conflicts of law. Venue for any legal action will be the
state courts of Los Angeles County, California, or the federal courts of the
Central District of California. The prevailing party in any litigation in
connection with this Agreement will be entitled to recover from the other party
its costs and reasonable attorneys’ fees and other expenses, including any
expenses from collections activity.
D. Waivers: A party’s failure to enforce any provision of this Agreement will
not be a waiver of the provision or the right to enforce it at a later time.
E. Entire Agreement: This Agreement sets forth the entire understanding and
agreement between us. For example, without limitation, any comments or terms you
attempt to add as part of a purchase or other order confirmation, or any terms
outside of those stated by The Consus Group will not be binding on The Consus
Group. You agree that you are not entering into this Agreement in reliance on any
statements or representations other than those set forth herein.
F. Severability: If any provision of this Agreement is held void or
unenforceable, that determination will not affect:
- The provision’s application in other circumstances;
- Other provisions in this Agreement; or
- This Agreement’s validity or enforceability as a whole.
G. Assignment: This Agreement and your user names and passwords are not
assignable, transferable or sublicensable by you without The Consus Group’s prior
written consent, and any such conveyance will be null and void.
H. Attorneys’ Fees: If a legal action is brought regarding this Agreement, the
prevailing party is entitled to recover—in addition to all other appropriate
relief—its reasonable attorneys’ fees and expenses as determined by the court. The
prevailing party is the party entitled to recover its costs of suit, whether or
not the action proceeds to final judgment.
I. Headings: The use of headings is for convenience and will not affect the
interpretation of this Agreement.