Additional disclosures, conditions,
dispute resolution, and termination
of consultation(s) Go back to last page
CC's only responsibility and possible liability is to the
original client which pre-paid for the consultation, as
addressed in this agreement. Absolutely no liability will
be accepted for non-clients or clients after ninety (90) days of
last consultation.
Notwithstanding any provision hereof, for all purposes of
this agreement each party shall be independent and act
independently and not as a contractor, partner, part of a joint venture,
agent, employee or employer of the other and shall not bind nor
attempt to bind the other to any other contract(s).
For consultations relating to computers, client must be able
to provide documentation or proof of purchase on all software
and hardware. Any issues of inappropriately acquired
software is the clients responsibility and any legal actions
arising from such are the sole responsibility of the client.
CC is not responsible nor liable for any claims or damages
of clients with illegal, hacked, cracked, phreaked, warez, or
commonly called 'pirated software' by any definition.
CC exerts efforts to provide solutions, alternatives and
options which should result in growth and increases in ones
life, business, revenue, enjoyment, health, success, retirement,
investments, finances, travel, love, marriage, and/or home,
however, since the above mentioned is subjective, past
performance is not a guarantee of future profits and/or
performance.
Any consultations subcontracted to a third party will be the
responsibility of the third party and legal actions are to be
taken against the third party and not CC. Should this
situation arise, contact information for the third party will be
provided.
Any items acquired for the client by CC is limited to the
manufacturer's or third parties warranty or dispute resolution
process.
CC is not responsible for any acts of nature, stolen items,
or vandalism by any unnatural means or any third party vendors.
Any registered trademark, copyright, or company name remains
the sole responsibility and ownership of the respected client.
CC does not accept liability on behalf of any other companies,
entities, organizations, or individuals.
Any consultation or product sold by CC remains the property
of CC until payment is received and cleared and not disputed or
refused. Any intellectual properties created by CC for CC
remain the sole ownership of CC. Any intellectual
properties created by CC for a client become the ownership of
the client upon paid completion of services. Intellectual
properties created in electronic format or by means of
electronics remain on file by CC as part of regular security
backups and may be used only for the purpose of historical
achievements. Intellectual property created for a client
will never be used by CC to impersonate the client or the
clients line of business or intellect.
Any tangible products created by CC are sold on an as-is,
non-refundable basis.
Business research is considered, but not limited to, the
research of information from various sources such as trade
publications, internet, hardware/software manufacturers, or
governmental agencies.
CC does participate in donating a percentage of income to
organizations which it has no direct affiliation and/or and
actions on behalf of the charity and are in no way correlated
with CC.
Client hereby waives all claims against and releases CC (and
its employees, officers, directors, shareholders, suppliers, and
agents) from any and all liability claims, demands, damages
(actual and consequential) costs and expenses (including
litigation costs and attorney's fees) of every kind of nature,
known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with or
regard to such third party disputes.
Without limiting the generality the forgoing conditions in
this agreement, CC's aggregate liability to the client arising
with respect to this agreement will not exceed the greater of
(a) the total fees actually earned by CC from the client (after
payments to subcontractors and other third parties) in the
previous ninety (90) days, or (b) one hundred United States
dollars ($100.00). CC is not liable for the consequences
of interruptions or errors.
If a dispute arises under this agreement, the parties
involved agree to first try to resolve it with the help of a
mutually agreed upon mediator in Hillsborough County, Florida,
United States. Any costs or fees, including but not
limited to attorney fees, mediation fees, or arbitration fees associated with the
dispute resolution are not the responsibility of CC. If it proves impossible
to arrive at a mutually satisfactory solution through mediation,
the parties agree to submit the dispute to binding arbitration
in Hillsborough County, Florida, United States, under the rules
of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court
with jurisdiction to do so.
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