Terms of Service
The Client shall mean the individual signing up for said services. The Company shall mean Cohlab, LLC.
- The Client acknowledges and realizes that the support program only works for websites that use the WordPress content management system.
- It is expressly understood by the Client and the Company that despite the best efforts of the Company, the results of the efforts and activities of the Company cannot be quantified and that the Company makes no representations or warranties of the success of said efforts and activities beyond the satisfaction guarantee.
- The Client agrees not to disclose to any third parties any trade secrets or proprietary information learned from the Company
- The Company accepts no responsibility for policies of PPC Advertising Networks, third-party search engines, directories or other web sites (“Third-Party Resources”) that the Company may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time. The Client agrees not to hold the Company responsible for any liability or actions taken by Third-Party Resources with regard to the Website to be created for the Client under this Agreement.
- This agreement requires a 60 day written cancellation notification from The Client to The Company to the address 1721 Grizzly Lane, Sartell, MN 56377
- The Client acknowledges that the nature of many of the resources the Company may employ under this Agreement are competitive in nature. The Company does not guarantee #1 position, consistent positioning, “top 10 positions” or specific placement for any particular keyword, phrase or search term. The Client acknowledges that the Company’s past performance is not indicative of any future results that the Client may experience.
- The Client agrees that the Client is solely responsible for compliance with federal and/or state laws regarding any electronic commerce conducted through its website and will hold harmless the Company from any claim, causes of action, penalty, tax, and/or tariff arising from the Client’s use of electronic commerce.
- The Company will make reasonable attempts to protect the integrity of the Client website. This includes patching any third party software, such as Content Management Systems, used on the Client’s site. However, as this software is not created by the Company, the Company can not be held responsible for security flaws by the software creators. As no software or server is 100% safe from security breach, the Client understands that the Company can not be held responsible for security breaches should they occur unless the fault of such breach is related to or arising from the Company Properties or Work Product, defined hereafter. Further, the Company is not held responsible for patching any software that has been installed to the site.
- The Client will indemnify the Company against all claims and expenses arising from the Client’s wrongful or illegal use of the Website. The Client will be responsible for payment of any special licensing or royalty fees resulting from the use of graphics programs or plugins that require such payments, which extra expenses shall require pre-approval by Client.
- Except as otherwise set forth herein, nothing shall cause or imply any sale, license, or other transfer of proprietary rights of or in any third party software or products from one party to this Agreement to the other party.
- Each party shall defend, indemnify and hold harmless the other against all liability, loss and expense, including actual attorney’s fees, and expenses, in connection with any claim, demand, action or causes of action asserted against the other , without limiting the generality, for any injury to or death of any person or for loss or damage to any property where such injury, death, loss or damage, however caused, results from or occurs in connection with the performance of work, services or activities hereunder by the indemnifying party. 17. This Agreement shall be governed and interpreted in accordance with the laws of the State of Minnesota.
- The Company’s services do not consist of legal advice. The Client retains sole responsibility to determine whether any and all marketing concepts are in compliance with applicable laws including but not limited to HIPAA privacy laws and state regulations.
- Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
- The maximum liability of The Company, Its Directors, Officers, and Affiliates, to The Client for damages for any and all causes whatsoever, and The Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to an amount equal to the total fees paid by The Client to The Company, in no event shall The Company, Its Directors, Officers, and Affiliates be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the services provided under this agreement, even if The Company has been advised of such damages.