Due Diligence, Inc.
Policies & Legal Notices
Due Diligence, Inc. Legal Policy
The following are terms of a legal agreement between you and Due Diligence, Inc. By accessing, browsing and/or using this Website ("Website"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Due Diligence, Inc. makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you do not agree to these terms, do not use this Website.
Terms of Use and Legal Restrictions
The content of this Website, including but not limited to the text and images herein and their arrangement, are Copyright (c)1984-2010 by Due Diligence, Inc. All Rights Reserved.
Due Diligence, Inc. hereby authorizes you to copy and display the content herein, but for your personal, non-commercial use only. Any copy you make must include this copyright notice. If attribution to Due Diligence, Inc. is included, limited quotations from the content are hereby permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of Due Diligence, Inc. You also may not, without Due Diligence, Inc.'s permission, "mirror" any material contained on this Website on any other server.
"Due Diligence, Inc.", "Next Generation Due Diligence", "The Next Generation of Due Diligence", "The New Diligence", "New Diligence", "Enhanced Due Diligence", and the Due Diligence, Inc. logo and brand identities, are the proprietary intellectual property and/or trademarks and copyrights of Due Diligence, Inc., Due Diligence Sciences LLC, and or/ Charles F. Bacon.
Various names, logos, brand identities, trademarks, servicemarks, copyrights and other intellectual property are the proprietary intellectual property of Due Diligence, Inc. and/or their respective owners.
Due Diligence, Inc.'s trademarks may be used publicly with permission only from Due Diligence, Inc. Fair use of Due Diligence, Inc.'s trademarks in advertising and promotion of Due Diligence, Inc. products requires proper acknowledgement.
All other brands and names are the property of their respective owners.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly provided above), or proprietary rights of Due Diligence, Inc. or of any third party.
Due Diligence, Inc. makes no representations about the suitability of the content of this Website for any purpose. All content is provided "as is" without any warranty of any kind. Due Diligence, Inc. hereby disclaims all warranties and conditions with regard to the content, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Due Diligence, Inc. be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortious actions, arising out of or in connection with the use, copying, or display of the content.
In no event will Due Diligence, Inc., its suppliers, or other third parties mentioned at this Website be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials, information or services from this Website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Applicable Laws. This Website is administered by Due Diligence, Inc. from its offices within the United States. Due Diligence, Inc. makes no representation that materials or services at this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.
User Submissions. Other than personally identifiable information, which is covered elsewhere herein, or client-specific proprietary information, any material, information or other communication you transmit or post to this Website will be considered non-confidential and non-proprietary (Submissions). Due Diligence, Inc. will have no obligations with respect to the Submissions. Due Diligence, Inc. and/or its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions, including all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Although Due Diligence, Inc. believes the content to be accurate, complete, and current, Due Diligence, Inc. makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this Website may include technical inaccuracies or typographical errors. From time to time changes are made to the content herein. Due Diligence, Inc. may make changes in the products and/or the services described herein at any time.
Any opinions expressed herein are solely those of the creators of the material and are not the opinions of Due Diligence, Inc., or its affiliates, or of the management of those entities.
This Website contains a variety of proprietary notices and copyright information, the terms of which must be observed and followed.
Information on this Website may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice.
Due Diligence, Inc. may also make improvements and/or changes in the products and/or the products, services and/or programs described on this Website at any time without notice.
If you breach any of these terms, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials. Due Diligence, Inc. also reserves the right to terminate your authorization to use any services at the Website and to delete any one or more of your related accounts, with or without cause, immediately and at any time.
Due Diligence, Inc. accepts neither responsibility for keeping any part of an unsolicited proposal confidential, nor obligation to return unsolicited proposals to the applicant. All materials, confidential or otherwise, submitted to Due Diligence, Inc. by a prospect or a client will be retained or destroyed at Due Diligence, Inc.'s discretion, and will not be returned to the prospect or the client unless prior arrangements are made by the prospect or client, including expenses for returning such materials.
Due Diligence, Inc. does not want to receive confidential or proprietary information from you unless you have executed the Due Diligence, Inc. / The Novum Group Bilateral Non-Disclosure and Confidentiality Agreement. Please note that any information or material sent to Due Diligence, Inc. by parties who have not executed the Due Diligence, Inc. Bilateral Non-Disclosure and Confidentiality Agreement will be deemed not to be confidential.
All Due Diligence, Inc. and Novum Group team members work under this system, including our Advisory Board, Alliances and Contractors.
Please email operations@superdiligence.com for the latest version of The Novum Group Non-Disclosure and Confidentiality Agreement.
If you want to enter into the Due Diligence, Inc. Bilateral Non-Disclosure and Confidentiality Agreement, please send two completed and signed copies of the Due Diligence, Inc. Bilateral Non-Disclosure and Confidentiality Agreement to our mailing address, and we will return one signed copy.
Please Note: Due Diligence, Inc. / The Novum Group normally does not consider any other non-disclosure or similar agreements. Parties wishing to have Due Diligence, Inc. / The Novum Group consider any other non-disclosure or similar agreement, or to have Due Diligence, Inc. / The Novum Group consider modifying The Novum Group Bilateral Non-Disclosure and Confidentiality Agreement, may be required to pay a charge. Due Diligence, Inc. / The Novum Group also reserves the right to reject any such requests.
Due Diligence, Inc. / The Novum Group accepts neither responsibility for keeping any part of an unsolicited proposal confidential, nor obligation to return unsolicited proposals to the applicant. All materials, confidential or otherwise, submitted to Due Diligence, Inc. / The Novum Group by a prospect or a client will be retained or destroyed at Due Diligence, Inc.'s / The Novum Group's discretion, and will not be returned to the prospect or the client unless prior arrangements are made by the prospect or client, including expenses for returning such materials.
Due Diligence, Inc. makes no representations whatsoever about any other Website which you may access through this one. When you access a non-Due Diligence, Inc. Website, even one that may contain the Due Diligence, Inc. logo, please understand that it is independent from Due Diligence, Inc., and that Due Diligence, Inc. has no control over the content on that Website. In addition, a link to a non-Due Diligence, Inc. Website does not mean that Due Diligence, Inc. endorses or accepts any responsibility for the content, or the use, of such Website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will Due Diligence, Inc. be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyper linked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Privacy Policy
We understand the importance of privacy to our clients and visitors to our Website. Our policy is to treat what we learn about our clients as confidential. We will not give or sell confidential or personal information about our clients to any third party not affiliated with our firm, except as required by law or as necessary to provide Due Diligence, Inc. services to the client.
We collect and store information about every client we handle so that we can efficiently provide the client the services they demand. We use information about our clients, their clients, and their activities to provide or enhance the services we make available to our clients, to enhance our ability to communicate with our clients about additional services they may find of value, to satisfy our legitimate business interests (including performing trend analysis and market studies), to set prices, establish credit, fulfill contracts, accomplish the billing function, and to comply with government regulations. As we collect and use information about our clients, we may contract with vendors to assist us in processing that information. These vendors are required to maintain the confidentiality of the information and are restricted from using the information for any purpose other than helping to provide Due Diligence, Inc. services to our clients.
Some of the information collected by Due Diligence, Inc. is personal data or data which relates to an identifiable person, such as names, addresses, e-mail addresses, and telephone numbers. We never sell information to third parties not affiliated with our firm that could be used to specifically to identify an individual client or group of clients. Anonymous data, with all names, addresses and other personally identifiable information removed, is sometimes shared with third parties or used to create data for publications. We will provide personal data to government agencies as required by law or regulation.
Your continued use of this Website signifies your assent to the Due Diligence, Inc. Legal Policy. We reserve the right, at our discretion, to, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes.
If you have questions about this privacy statement, the practices of this Website, or your experience with Due Diligence, Inc., you can contact:
Email: operations@superdiligence.com
or write:
Due Diligence, Inc.
1153 Bergen Parkway, Ste M271
Evergreen CO 80439
Comments, suggestions or materials sent or transmitted to Due Diligence, Inc. shall be deemed to be non-confidential, unless other arrangements are made, or for client materials and information. Due Diligence, Inc. shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
Project Terms and Policies
As of January 1, 2010
Quotes and proposals are based upon the initial understanding of the engagement. Changes by client after the quote or proposal or after the engagement has begun will result in revisions of services and/or fees.
Quotes and proposals apply for engagements begun within 5 calendar days of proposals, and are automatically canceled 5 calendar days after the original quote or proposal date, unless other arrangements are mutually agreed to in advance.
Minimal quote work will typically not incur administration charges. Expenses may be charged, as may be agreed to in advance, and may be payable in advance. Extensive quote work, and Proposals, will only be made with payment in advance.
Invoices and statements are rendered to clients once or twice each calendar month, solely at the discretion of Due Diligence, Inc., for professional fees, expenses and other charges for the period. Standard payment terms are: due immediately on invoice. Any other arrangements must be agreed to in advance.
Clients are required to provide a minimum retainer of 50% of the projected project costs for each separate project.
Expense receipts are provided only for travel expenses, or for single expense items above $500. Any other arrangements must be agreed to in advance.
Detailed billing must be arranged in advance, preferably at the original contract date. Detailed invoice billing will be provided only on request, and administrative charges will be incurred.
Interest and administrative charges are made on all accounts past due, and invoices are past due 15 calendar days after the issue date of the invoices. An interest charge of a minimum of fifteen percent (15.00%), and an administrative charge of a minimum of two hundred fifty US dollars, (USD250.00) per month, will be applied for all accounts past due. Due Diligence, Inc. reserves the right to charge up to the maximum rates permissible by law for any account past due. Any other arrangements must be agreed to in advance. Collection activities may result in the maximum rates permissible by law, and all collection costs will be applied to accounts sent for collection.
Clients understand that if they suspend any project for more than a week, Due Diligence, Inc. may have to reassign its team to other projects and this may affect time schedules significantly.
In providing services, Due Diligence, Inc. relies on the project information and any other information provided by Clients. Clients warrant and represent that project information and any other information they provide Due Diligence, Inc. is accurate and correct in all material respects. Clients warrant and represent that they have all requisite right and authority to provide Due Diligence, Inc. with such information and use of such information by Due Diligence, Inc. shall not infringe on any third party rights.
Due Diligence, Inc.'s compensation and reimbursable expenses shall be paid in full and shall not be reduced, offset, nor have any amounts withheld for payment of any local taxes, fees or charges.
Clients warrant and represent that their obligations to make any payments to Due Diligence, Inc. is not conditioned upon Clients obtaining financing for projects and/or obtaining approvals from any other parties.
Clients shall comply with all applicable laws and regulations with respect to projects and agreements with Due Diligence, Inc..
Clients shall fully indemnify Due Diligence, Inc. against any losses, costs, claims, liabilities or damages resulting from any breach by Clients of any warranties, representations or terms, statutory, contractual, or other theory that relate to or arise out of or result from, directly or indirectly, from any negligent or wrongful act or omission of Clients or anyone directly or indirectly employed by Clients.
Work, documents and/or products prepared by Due Diligence, Inc. for projects are properties of Due Diligence, Inc. All copyright and other intellectual property rights with respect to work, documents and/or products prepared by Due Diligence, Inc. for any projects are the sole and exclusive property of Due Diligence, Inc. throughout the world in perpetuity. During the term of an agreement, Due Diligence, Inc. grants Clients temporary licenses to use the work, documents and/or products prepared by Due Diligence, Inc. solely in relation to projects which shall cease upon expiry or termination of project agreements. After Clients have paid all compensation and reimbursable expenses as applicable, Due Diligence, Inc. grants Clients a royalty free, perpetual, non-revocable license to use the work, documents and/or products solely in connection and in accordance with the terms of with specific project agreements, Clients’ public relations and marketing efforts, and for their internal business purposes.
Due Diligence, Inc. specifically asserts its rights as author or invention assignee of rights of the work, documents and/or products including without limitation, the right to be identified as author or invention assignee, the right to object to derogatory treatment, and to false attribution. Credit shall be given to Due Diligence, Inc. in accordance with Due Diligence, Inc.’s directions. Clients shall not use Due Diligence, Inc.’s name, trade mark or logo without Due Diligence, Inc.’s prior written approval on each use.
All Agreements shall be governed and interpreted by the laws of State of Colorado.
These terms and policies are subject to change without further notification.
Additional terms and policies may be applied on a project-by-project basis.
If you have questions about these billing terms and policies, you can contact us:
By Mail: Due Diligence, Inc.
1153 Bergen Parkway Ste M271
Evergreen CO 80439
By Telephone: (303) 430-2888
By Email: operations@superdiligence.com