Rules and conditions governing the use of CBF CONSULTANT LLC's website and services.
Last Updated: January 1, 2025
Welcome to CBF CONSULTANT LLC. By accessing, browsing, or using our website at https://www.cbfconsu.shop (the "Site") or by engaging our services in any manner, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use the Site or our Services.
CBF CONSULTANT LLC ("Company," "we," "us," or "our") reserves the right to update, modify, or replace these Terms at any time. It is your responsibility to check this page periodically for changes. Your continued use of the Site or Services following the posting of any changes constitutes acceptance of those changes.
These Terms apply to all visitors, users, clients, and others who access or use the Site or Services ("you" or "your"). Additional terms and conditions may apply to specific services, and those terms are incorporated herein by reference.
CBF CONSULTANT LLC provides computer systems design and related services, including but not limited to:
The scope, deliverables, timeline, and fees for specific Services will be defined in a separate written agreement (the "Service Agreement") executed between you and the Company. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail with respect to the particular engagement.
By using our Site or engaging our Services, you represent and warrant that:
We reserve the right to refuse service, terminate accounts, or cancel engagements at our sole discretion, including but not limited to cases where we believe that your conduct violates applicable law or is harmful to our interests or those of other users.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by CBF CONSULTANT LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The CBF CONSULTANT LLC name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use such marks without our prior written permission.
Unless otherwise specified in a Service Agreement, all deliverables, software code, documentation, designs, and other work product developed by the Company specifically for a client engagement shall be owned by the client upon full payment of all fees due under the applicable Service Agreement. The Company retains the right to use general knowledge, skills, and experience gained during the engagement for future projects, provided that confidential information is not disclosed.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes or for legitimate business inquiries related to engaging our Services. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Site without our express written consent.
You agree not to use the Site or Services for any unlawful purpose or in violation of these Terms. Prohibited conduct includes, but is not limited to:
When engaging our Services, you agree to:
Failure to fulfill these responsibilities may result in delays, additional charges, or suspension of Services. The Company shall not be liable for any delays or failures caused by your failure to meet these responsibilities.
Fees for Services shall be as set forth in the applicable Service Agreement. Unless otherwise agreed, payment terms are as follows:
We reserve the right to modify our fee structure upon thirty (30) days' written notice for ongoing engagements, provided that changes do not apply to fixed-price projects already in progress.
Both parties agree to maintain the confidentiality of all non-public information disclosed during the course of the engagement ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, technical data, source code, trade secrets, client lists, financial information, and project specifications.
Each party agrees to:
These confidentiality obligations shall survive the termination of these Terms and any Service Agreement for a period of five (5) years, or indefinitely for trade secrets and source code.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is required to be disclosed by law or court order.
To the maximum extent permitted by applicable law, in no event shall CBF CONSULTANT LLC, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or cost of procurement of substitute services, arising out of or related to the use of the Site, the Services, or these Terms, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if advised of the possibility of such damages.
Our total cumulative liability to you for any claims arising out of or relating to these Terms, the Site, or the Services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim. This limitation of liability applies regardless of the form of action.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability shall be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless CBF CONSULTANT LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.
The Site and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to:
We do not warrant that the Site or any deliverables are free from viruses or other harmful components. You assume full responsibility and risk for your use of the Site and for any results obtained from the Services.
Notwithstanding the above, Services performed under a Service Agreement shall be performed in a professional and workmanlike manner in accordance with industry standards. Our sole obligation and your exclusive remedy for defective Services shall be, at our option, to re-perform the non-conforming Services or to refund the fees paid for such Services.
Either party may terminate a Service Agreement upon written notice if the other party commits a material breach and fails to cure such breach within thirty (30) days of receiving written notice thereof.
We reserve the right to terminate or suspend your access to the Site or Services immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination:
Our Site and Services may contain links to third-party websites, tools, or services that are not owned or controlled by CBF CONSULTANT LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be liable for any damage or loss caused by or in connection with your use of any such third-party websites or services.
We encourage you to review the terms and privacy policies of any third-party websites or services you access through our Site.
Neither party shall be liable for any delay or failure in performance resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemic, epidemic, government actions, strikes, labor disputes, power outages, telecommunications failures, or the unavailability of third-party services or materials. The affected party shall provide prompt written notice of the force majeure event and shall use reasonable efforts to mitigate its impact and resume performance as soon as practicable.
Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for a period of thirty (30) days.
These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be held in Butte County, Ohio, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.
Any proceedings to resolve disputes shall be conducted on an individual basis and not as a class, consolidated, or representative action. You waive your right to participate in any class action lawsuit or class-wide arbitration against the Company.
These Terms, together with any applicable Service Agreement, constitute the entire agreement between you and CBF CONSULTANT LLC regarding your use of the Site and Services, superseding any prior agreements, understandings, or representations, whether written or oral.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof. Any waiver of any provision of these Terms must be in writing and signed by the waiving party.
You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of CBF CONSULTANT LLC. The Company may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.
All notices under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; (c) sent by certified or registered mail, return receipt requested, postage prepaid; or (d) sent by a recognized overnight courier service. Notices to the Company shall be sent to CBF CONSULTANT LLC, 1910 NOTRE DAME BLVD UNIT 203, CHICO, OH 95928, or to such other address as we may designate in writing. Notices to you shall be sent to the email or physical address you provide to us.
If you have any questions, concerns, or comments about these Terms, please contact us: