WEBSITE TERMS AND CONDITIONS AGREEMENT
Effective Date: July 25, 2025
This Terms and Conditions Agreement (the “Agreement“) is a legally binding contract between you (the “User,” “you,” or “your“) and Shook & Co. Business Solutions, LLC (“Company,” “we,” “us,” or “our“). This Agreement governs your access to and use of the website located at https://www.shookandco.com and all associated services, content, and functionality (collectively, the “Website“).
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE WEBSITE, AND BY CLICKING A BOX OR BUTTON INDICATING YOUR ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, WHICH IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
1. ACCEPTANCE AND MODIFICATION OF TERMS
1.1. Binding Agreement. You acknowledge that this Agreement is a contract between you and the Company, even though it is electronic and is not physically signed by you. You agree that your use of the Website constitutes your agreement to follow and be bound by these terms.
1.2. Changes to Terms. We reserve the right, at our sole discretion, to modify, amend, or replace this Agreement at any time. We will provide notice of any material changes by posting the updated Agreement on the Website and updating the “Effective Date” at the top of this page. Your continued use of the Website after any such changes constitutes your acceptance of the new Agreement. It is your responsibility to review this Agreement periodically for changes.
2. USER OBLIGATIONS AND CONDUCT
2.1. Eligibility. You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you have the legal capacity to enter into a binding contract with the Company.
2.2. Account Security. If you create an account on the Website, you are responsible for maintaining the confidentiality of your account credentials (such as your username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.3. Prohibited Activities. You agree not to use the Website for any unlawful purpose or in any way that could harm the Website, the Company, or any third party. Specifically, you agree not to: a. Engage in any activity that violates any local, state, national, or international law or regulation. b. Transmit any material that is fraudulent, defamatory, obscene, harassing, or otherwise objectionable. c. Infringe upon the intellectual property rights of the Company or any third party. d. Attempt to interfere with the security or proper working of the Website, including by transmitting any virus, worm, or other malicious code. e. Use any automated means (e.g., robots, spiders) to scrape or collect data from the Website without our express written permission. f. Impersonate any person or entity or misrepresent your affiliation with any person or entity.
3. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use only, subject to the terms of this Agreement. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
4. TERMINATION
4.1. Termination by You. You may terminate this Agreement at any time by closing your account and ceasing all use of the Website.
4.2. Termination by Us. We reserve the right, in our sole discretion, to suspend or terminate your account and access to the Website, with or without notice, for any reason, including, without limitation, for breach of this Agreement.
5. PRIVACY POLICY
Our Privacy Policy describes how we collect, use, and protect your personal information. The Privacy Policy is incorporated by reference into this Agreement, and by agreeing to these terms, you are also consenting to the practices described in our Privacy Policy.
[Note: The following sections (6-8) are critical for limiting your legal and financial risk. They should be included in all Terms and Conditions agreements.]
6. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, OR RELIABLE; OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, EVEN IF FORESEEABLE.
IN NO EVENT SHALL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website, including, but not limited to, any User-Generated Content you submit, any use of the Website’s content, services, and products other than as expressly authorized in this Agreement, or your violation of any law or the rights of a third party.
9. TERMS OF SALE
9.1. Pricing and Payments. All prices are shown in U.S. dollars. We reserve the right to correct any pricing errors and to change prices at any time. By providing a payment method, you represent that you are authorized to use it.
9.2. Order Acceptance. Your receipt of an order confirmation does not signify our final acceptance of your order. We reserve the right to accept, decline, or limit your order for any reason.
9.4. Returns and Refunds. All returns are governed by our Return Policy, which is incorporated herein by reference.
10. SUBSCRIPTION TERMS
10.1. License Grant. We grant you a limited, non-exclusive, non-transferable license to use our service for your internal business purposes during your subscription term, subject to the restrictions herein.
10.2. Automatic Renewal. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNLESS YOU CANCEL IT IN ACCORDANCE WITH THE CANCELLATION PROCEDURE. BY PROVIDING A PAYMENT METHOD, YOU AUTHORIZE US TO CHARGE IT ON A RECURRING BASIS.
10.3. Cancellation. You may cancel your subscription by contacting us. Access will continue until the end of the current paid term, and no refunds will be provided for partial periods.
10.4. Data Ownership. You retain all ownership rights to the data you input into our service (“Customer Data”). You grant us a limited license to use your Customer Data solely for the purpose of providing the service to you.
11. CONTENT DISCLAIMERS
11.1. No Professional Advice. The content on this Website is for informational and educational purposes only and does not constitute professional advice (e.g., financial, legal, or medical). Always consult a licensed professional before making decisions based on information from this Website.
11.2. Accuracy Disclaimer. We make no warranties regarding the completeness, accuracy, or reliability of any information on the Website. Any reliance you place on such information is strictly at your own risk.
12. USER-GENERATED CONTENT
12.1. Responsibility. You are solely responsible for any content you post, upload, or otherwise contribute to the Website (“User-Generated Content”).
12.2. License to Us. By submitting User-Generated Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, host, display, reproduce, modify, and distribute your content in connection with operating the Website.
12.3. DMCA Policy. We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). For more information, please see our DMCA Policy.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles.
13.2. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Oconee County, South Carolina before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
13.3. Waiver of Jury Trial and Class Action. YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13.4. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
14. MISCELLANEOUS
14.1. Entire Agreement. This Agreement, together with our Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and the Company concerning the Website.
14.2. Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
14.3. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
14.4. Contact Information. If you have any questions about this Agreement, please contact us at:
Shook & Co. Business Solutions
230 Crooked Creek Rd.
Seneca, SC 29672
support@shookandco.com