These are the Terms of Service when Engaging the Services of Cook Profitability Services LLC in any Capacity.
This Terms of Service (the “Agreement”) is a legally binding contract between Cook Profitability Services LLC (the “Company”) and you (the “Client”) that shall govern the purchase and use, in any manner, of services provided by the Company to the Client (collectively, the “Services”). By purchasing or using the Services in any manner, the Client represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of Texas. If the Client does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without notice.
TERM OF AGREEMENT
The Agreement becomes effective immediately upon submission of an order or request form by the Client and shall remain in force for so long as the Client is using services or materials or websites provided by the Company.
REFUSAL OF SERVICE
The Company reserves the right to refuse service to any person at Company’s discretion. The Company further reserves the right to deny service to any script, program, software, or other service at Company’s discretion. Such refusal can occur at any time, for any or no reason, and without explanation.
SUSPENSION AND TERMINATION OF SERVICES
The Company reserves the right to suspend or terminate the Agreement and all associated Services at anytime without notice and for any or no reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or loss of data resulting from such suspension or termination.
FREE WEBSITE AND WEBSITE HOSTING
Our Free Website Offer has some specific restrictions. The offer applies to building the website, not the hosting and domain name. Each Client is required to register their own domain and pay any associated fees and expenses. Each Client is required to select and pay for their own hosting plan and pay any associated fees and expenses. The Free Website and Free Website Upgrade offer does not include domain registration or hosting costs. Hosting may be obtained by the client through any service that allows the hosting of wordpress based websites. The Client agrees that The Company may provide written content for the website and shall own any content that The Company provides for the website and that The Company shall have unrestricted access to the website and its content so long as it is in use by the Client.
For Free Website Customers, The company will provide technical support to the Client only during work days 9am to 5pm CST. The only official method for technical support is via our support form found here https://www.cookprofitabilityservices.com/support/. For paid customers you may contact us at any time through the support form or by calling 210-880-6910 and we will complete your request at the earliest opportunity.
Client expressly agrees that use of the Company’s services is at the Client’s sole risk. Neither Cook Profitability Services LLC its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company’s services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall Cook Profitability Services LLC, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, incorrect website content, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Cook Profitability Services LLC records, programs or services. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
Client agrees that it shall defend, indemnify, save and hold Cook Profitability Services LLC harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees (“Liabilities”), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold or offered to the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Cook Profitability Services LLC against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our services; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold using Cook Profitability Services LLC services.
ARBITRATION AND WAIVER OF JURY TRIAL
By using any Cook Profitability Services LLC services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Cook Profitability Services LLC choice. The arbitrator’s award is final and binding on all parties. You, the Client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
GOVERNING LAW AND DISPUTES
This agreement shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this agreement shall be the state and federal courts in Hays County, Texas, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Client agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.