Terms Of Use
LAST UPDATED OCTOBER 01, 2024
We are Cardinal Web Services, L.L.C. (“Cardinal Web Services,” “we”, “us,” “our”).
We own and operate the website www.cardinalwebservices.com, as well as pages and accounts on Facebook, Instagram, Linkedin, TikTok, and Pinterest (“Sites”), and any other related products and services that refer or link to these legal terms and conditions (“Legal Terms”).
You can contact us by email at ml@cardinalwebservices.com
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Cardinal Web Services, concerning your access to and use of our Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of the Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEAGAL TERMS THEN DO NOT USE OUR SITE.
Any modifications to our Legal Terms will become effective upon posting. You are responsible for reviewing any modified Legal Terms. By continuing to use our site after the effective date of any changes, you agree to be bound by the modified terms.
Our site is intended for users who are at least 18 years old. We recommend that you print a copy of these Legal Terms for your records.
USER REPRESENTATIONS
By using our Sites, you represent and warrant that:
You have the legal capacity and you agree to comply with these Legal Terms;
You are not a minor under the age of eighteen (18);
You will not access the Sites through automated or non-human means, whether through bot, script, or otherwise;
You will not use the Sites for any illegal or unauthorized purpose;
Your use of the Sites will not violate and applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of our Sites and refuse any and all current or future use of our Sites.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Cardinal Web Services, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
PAYMENTS
You represent and warrant that if you are purchasing something from us:
Any payment information you supply is true and complete;
Charges incurred by you will be honored by your bank or credit card company;
You will pay the charges incurred by you at the posted prices, including any applicable taxes;
If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
REFUND POLICY
We do not offer refunds.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign-up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to, communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMER
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SITES WILL BE AT YOUR SOLE RISK. CARDINAL WEB SERVICES, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
THIRD-PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Use of the Sites;
Breach of these Legal Terms;
Any breach of your representation and warranties set for in these Legal Terms;
Your violation of the rights of a third party, including but not limited to intellectual property rights;
Any overt harmful act toward any other user of the Sites with who you connected via the Sites. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your own expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
DISPUTES
Any cause of action by you with respect to our Sites must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our Sites, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Texas. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
GOVERNING LAW
These Legal Terms and your use of the Sites are governed by and construed in accordance with the law of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, United States, without regard to its conflict of law principles.
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Texas, United States.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using our Sites, you agree to be bound by our Privacy Policy, which is incorporated by reference in to these Legal Terms. Please be advised that the Sites are hosted in the United States. If you access the Sites from any other region of the world with laws or other requirements governing person data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Sites, you are transferring your data for the United States, and you expressly consent to have you data transferred to and processed in the United States.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at ml@cardinalwebservices.com
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: ml@cardinalwebservices.com