ConfidentConsulting.com Confident Consulting Corporation Material Disclosures Go back to last page

1. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. CC's failure to act with respect to a breach by the client or others does not waive CC's right to act with respect to subsequent or similar breaches. The failure of CC to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This entire agreement shall be governed by and interpreted in accordance with the laws of the State of Florida (United States) and all transactions and consultations are deemed with Florida as the place of business.  The client agrees that this agreement, and CC’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any client or CC.
2. CC reserves the right to change, modify, update, terminate, suspend, review, or complete consultations at CC's discretion.
3. Consultations are available only to clients who are capable of forming legally binding contracts under applicable law.
4. Consultations are available to clients who are not located or reside in a country in which (a) use of above defined consultation(s), or portion/part of consultation is prohibited by law, decree, regulation, treaty or administrative act, or (b) clients are prohibited from entering into trade relations with the United States or its citizens.
5. CC makes no representation or warranties of any kind including, yet not limited to any kind, including express, implied, limited, merchantability, availability, fitness for a particular purpose, non-infringement, or conditional.
6. CC makes no representation or warranty that the operation of the site will be error free or uninterrupted, that defects will be corrected, or that the site or the server that makes it available are free of viruses, or other harmful components.
7. CC owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to CC and the designs for/of CC (collectively, "Trademarks"). Clients may not use, reproduce or copy for commercial purposes any Trademarks of CC in or for, without limitation, advertising, press releases or other marketing materials, without the express written permission of CC.  Trademarks, logos, service marks and/or slogans, materials, ratings, suggestions, and or comments submitted to CC are granted the right by the client to CC for use or reference to promote the site without the clients consent or compensation to the client for such but not to act or impersonate the client derived from. 
8. Without limiting other remedies, CC may at any time suspend or terminate consultation(s) and refuse to provide consultation or site access without reason or notice to the client. In addition, CC may notify the clients banking institution and/or authorities or take any actions it deems appropriate without notice to the client (a) if CC suspects that the client has failed to comply with any provision of this agreement or any policies or rules established by CC; (ii) if CC is unable to verify or authenticate any billing or payment information provided to CC; or (iii) if CC suspects that the clients actions may be illegal or cause liability, harm or disruption for the client, other clients, non-clients, CC or the web site.  Any suspension, termination or cancellation will not affect the clients obligation to pay any amounts due to CC.
9. CC and/or its suppliers make no warranty that (a) the services and materials will meet the client's requirements, (b) the services and materials will be uninterrupted, timely, secure and error-free, (c) the results that may be obtained from the use of the services and materials will be effective, accurate, or reliable, (d) the quality of any products or the services and materials will meet the client's expectations and (e) any errors in any software obtained from or used through the services and materials, or any defects in the services or materials will be corrected.
10. CC's web site or any third party's web sites could include technical or other mistakes, inaccuracies, or typographical errors.  CC may make changes to its' web site and the consultation(s), including the prices and descriptions of any products, at any time without notice.  The services and materials may be out of date, and CC makes no commitment to update such consultations or web site.
11. If CC or any of its representatives require extensive travel to perform a consultation the entire cost of the travel will be prepaid by the client.  In the event a consultation is cancelled by the client or unforeseen issues, travel costs will not be refunded and the client bears the responsibility of any additional rescheduling fees, travel expenses, or providing an acceptable alternative venue as deemed by CC.
12. CC's entire liability is limited to the amount paid for consultations to CC by the client for consultations as explained below in section 'Other limitations, dispute resolution, consulting services termination by client' subsection two (2).  Liability does not extend to any products or services acquired for the client on their behalf. CC is not liable under no circumstance including, but not limited to negligence, for indirect, special, incidental, punitive, or consequential damages including but not limited to damages for loss of business, loss of profits, loss of investments, legal or attorneys fees, pre-existing conditions or similar.
13. Client agrees to hold harmless and indemnify CC and its employees, subsidiaries, agents, and representatives from and against any liability arising from or in any way related to the clients use of the web site or consultation(s) including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed.
14. This 'Material Disclosure' forms part of the Terms of Service / Declarations / Products and Services / Disclaimers /End User License Agreement (EULA) / The Agreements, and is incorporated by reference therein.

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