Terms & Conditions
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
Agreement
This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.toricox.com(the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Tori Cox Consulting, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.toricox.com/termsandconditions. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Privacy
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.toricox.com/privacypolicy.
Ownership
All content included on this site is and shall continue to be the property of Tori Cox Consulting, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Intended Audience
This website is intended for adults only. This website is not intended for any children under the age of 13.
Account Creation
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Tori Cox Consulting, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Site Use
Tori Cox Consulting, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Tori Cox Consulting, LLC and Tori Cox Consulting, LLC may terminate your use of this website at any time.
Compliance With Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Material You Submit To The Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to Tori Cox Consulting, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Tori Cox Consulting, LLC remains yours to the extent that you have any legal claims therein. You agree to hold Tori Cox Consulting, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by Tori Cox Consutling, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Trademarks
Tori Cox Consulting, and others are either trademarks or registered trademarks of Tori Cox Consulting, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Product Description
We endeavor to describe and display the Service/Product as accurately as possible. While we try to be as clear as possible in explaining the Service/Product, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Payments, Cancellations, Refunds, & Returns
All memberships are billed monthly. There are no refunds for monthly membership and/or maintenance programs. You may upgrade, downgrade, or cancel your account at any time, which will affect all future payments.
Tutorial Requests
Tutorial Requests are intended to help users learn how to use their website, and are limited to a maximum of 15 min of work per request. We reserve the right to refuse a tutorial request for any reason.
Support Time
All support time is billed in 15-min increments, and any phone calls, emails, or meetings count towards the limit of support time. Support time does not roll over from month to month.
While support time may be requested any time during your monthly billing cycle, we do not guarantee availability beyond proportional use- meaning, we reserve ¼ of your support time for you each week during your monthly billing cycle.
Additional support time is discounted, but we cannot guarantee availability beyond your monthly support time included in your membership.
Priority Support
All members receive the best quality support that we can provide, but Priority Support members receive priority. This means the Priority Support member emails and messages are the first addressed.
Availability
Tori Cox Consulting, LLC is typically available Monday-Friday, 10-3 pm EST. While we reserve the right to change our times, we strive to respond to all client inquiries within two business days.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Squarespace templates
The template for your website has been designed by Squarespace, but can be edited. There are limitations when using a theme/template that are out of Contractor’s control. Layout and functionality of Client’s site is determined by the theme/template. Not all templates have the same functionality, or editability.
Type of accounts and supported browsers
The HTML is generated by the Squarespace templating language, JSONT. This can only be accessed using a Squarespace Developer account. Contractor uses the standard consumer offering, and does not use a Developer account. Support and development through a Developer Account is not offered. If custom HTML is needed, it will be done via a 'CODE BLOCK' in the Squarespace Admin. Contractor will test all custom HTML and CSS in, and only in the browsers Squarespace supports. Browsers supported by Squarespace include Chrome, Firefox, Safari, and Internet Explorer. Devices supported include those running on PC, Mac, iOS and Android Jelly Bean. Only the most recent versions of each operating system are supported- support is not guaranteed for out of date operating systems or browsers.
Browser testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. Contractor tests work on desktop browsers in Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), and Mozilla Firefox, on mobile browsers in iOS: Safari, Google Chrome, and Android Google Chrome. Only the most recent versions of each browser are supported. If Client needs an enhanced design for other browsers or outdated software, Client and Contractor may agree to such work in an additional and/or modified Statement of Work.
Squarespace updates
Squarespace updates their templates/themes unannounced. They do not update users of their platform when these updates happen. Client acknowledges that updates could impact site in a number of ways, including breaking custom work provided by Contractor. Contractor is not responsible for this, and under no obligation fix it.
Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Disclaimer
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TORI COX CONSULTING, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL TORI COX CONSULTING, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. ADDITIONALLY, TORI COX CONSULTING, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TORI COX CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TORI COX CONSULTING, LLC CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM TORI COX CONSULTING, AND IF NO PURCHASE HAS BEEN MADE BY YOU TORI COX CONSULTING, LLC CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Tori Cox Consulting, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Use of Information
Tori Cox Consulting, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Tori Cox who can be reached as follows:
By Mail: PO Box 293153, Dayton OH 45440
By Phone: 937-985-0516
By E-mail: info@toricox.com
Applicable Law
You agree that the laws of the state of Ohio, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Tori Cox Consulting, LLC or its affiliates.
Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver
The failure of www.toricox.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by www.toricox.com must be in writing and signed by an authorized representative of Tori Cox Consulting, LLC
Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Termination
Tori Cox Consulting, LLC may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement
This Terms of Use constitutes the entire agreement between you and www.toricox.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.toricox.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. www.toricox.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to: tori@toricox.com
Updated: February 20, 2018