Terms of Use 

Last modified: Jan. 25, 2023

CBY Professional Services, Inc., (“CBY”) provides its services to you subject to the following Terms of Use (“Terms”), which may be updated by CBY from time to time without notice to you. Your use of CBY’s website is governed by these Terms.

Acceptance of Agreement

By accessing CBY at cby.com (the “Site”), using the services offered by CBY, you agree to be subject to these Terms and any additional terms and conditions found on any of our affiliated websites that may apply. If you do not agree to these Terms or any affiliated Terms of Use, please do not use the Site or services.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of your jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or CBY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CBY has the right to refuse any and all current or future use of the Site, services or Content (or any portion thereof).

 Modifications to Services

CBY reserves the right at any time to modify or discontinue, temporarily or permanently, its services (or any part thereof) with or without notice. You agree that CBY will not be liable to you or to any third party for any modification, suspension or discontinuance of its services.

Services and Prices

CBY reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the service descriptions, warranties, and prices without prior notice.

CBY endeavors to provide content on the Site and affiliated sites that is current and accurate. Errors and misprints may occur. CBY reserves the right to reject, correct, cancel or terminate any order for goods or services for which the price was incorrectly displayed or where CBY displayed erroneous or inaccurate information. CBY reserves this right at any stage of ordering processing, including after an order has been submitted. CBY is not obligated to sell services based on errors or misprints on our website.

Privacy

Client Data and certain other information about you are subject to our Privacy Policy as set forth at cby.com/privacy. You understand that through your use of the Site and services, you consent to the collection, use and disclosure of this information, only as permitted by our Privacy Policy, including the transfer of this information to the United States and/or other countries for storage, processing, and use by CBY and its affiliates as necessary to provide the Site and services to you.

Authorized use of Materials on Website

All information and material and content published or accessible through the Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such website content (“Content”) is copyright of CBY except where indicated otherwise. All source code is licensed by CBY and may not be used or copied without written permission. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by CBY or third parties, and may not be used without written permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from CBY, except as expressly stated above.

Links to Third Parties

Links to third-party websites from the Site are meant for convenience only. CBY does not review or control these third-party websites and is not responsible for any third-party websites or the content of those sites. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. Linking to any other site is at your own sole risk and CBY will not be responsible or liable for any damages associated with linking.

Disclaimer

CBY and its employees, agents, affiliates, partners and suppliers provide all content and services available through the Site “as is”, without warranties, representations and conditions of any kind, whether express or implied. CBY makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the site, the services, or of any content the site. The website, the Content, and the services are provided to you strictly on an “as is” basis. Except as specifically set forth in this agreement, all conditions, representations and warranties regarding the website, the Content, and the services, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantable quality, merchantability, fitness for a particular use or purpose, or non-infringement of third party rights, are disclaimed to the maximum extent permitted by applicable law by CBY.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall CBY nor any of its partners, associates, employees, agents, successors, assigns, affiliates, or content or service providers be liable to you or any other site user or any third party for any damages of any kind, including without limitation loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the website, the reliance on any statement or advice from any other user of the website, or inability to gain access to or use the website or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied.

Indemnification

You agree to indemnify and hold CBY, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Content or services, breach of these Terms of Use, or your violation of any rights of another, except to the extent where you can show that such costs or damages were caused by CBY.

Severability of Clauses

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Subheadings used in the Terms of Use are not to be used to construe or interpret the Terms.

Entire Agreement

The Terms or other terms herein incorporated by reference, constitute the entire agreement between you and CBY and govern your use of the Site, Content and the services, superseding any prior agreement, whether oral or written. You shall be subject to additional terms and conditions that may apply when you use or purchase certain CBY services.

Waiver

The failure of CBY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Non-Transferable

This agreement is not transferable by you in any way and may not be assigned to any third party without our written consent. CBY may transfer this agreement to a third party without notice to you.

No Third Party Rights

No provision of this agreement provides any person or entity not a party to this agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Forum Choice

The Terms of Use and the relationship between you and CBY shall be governed and construed by the laws of the Commonwealth of Pennsylvania and the applicable laws of the United States, without regard to its conflict of laws provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania in any action or dispute related to this Terms of Use.